iVis’ European Patent EP 1 649 843 relates to an intelligent control of the areal power density delivered by laser systems in corneal surgery. This control, which is becoming more and more important with ever faster laser systems, prevents an overheating and the associated unwanted damage to the cornea and allows a particularly smooth ablation while simultaneously minimizing treatment time.

Schwind had attacked the validity of the German part of the European Patent EP 1 649 843 (DE 60 2005 003 750.0) with a nullity action at the Federal Patent Court. By the Court’s decision of November 19, 2019, this nullity action was dismissed in its entirety and the patent was maintained as granted.

Schwind then appealed to this decision before the Federal Court of Justice. In its decision announced on March 8, 2022 (X ZR 39/20), the X. Civil Senate of the Federal Court of Justice dismissed Schwind’s appeal, such that the patent was maintained as granted. No further regular means of appeal is available for SCHWIND.