Med-El loses UK appeal in Advanced Bionics fight

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Med-El loses UK appeal in Advanced Bionics fight

Entrance to the Royal Court of Justice

The Court of Appeal had stern words for Med-El’s representatives after they highlighted a deputy judge’s background as a solicitor

Hearing implant maker Med-El lost an appeal in its patent fight with Advanced Bionics at the England and Wales Court of Appeal today, May 24.

Lady Justice Kathryn Thirlwall, who handed down the judgment, also had sharp words for Med-El’s representatives over a reference to a deputy High Court judge’s background as a solicitor.

Med-El had challenged the High Court’s decision, issued by Mr Justice Campbell Forsyth in June 2022, to invalidate one of its patents covering cochlear implants.

Arguments began yesterday, May 23, and finished this morning.

The court, which dismissed Med-El’s appeal in full, handed down its verdict this afternoon.

Thirlwall heard the appeal alongside Lord Justices Richard Arnold and Colin Birss.

The full judgment has yet to be published, but Managing IP attended a virtual hand down.

According to Med-El’s counsel, Forsyth made an error in finding the patent obvious over a piece of prior art.

The prior art in question was another patent covering the design of cochlear implants and referred to as ‘Zimmerling’.

Sharp rebuke

At the end of proceedings, Thirlwall criticised Med-El’s representatives over how they referred to Forsyth in their skeleton argument.

The document referred to Forsyth’s job as a partner at Mishcon de Reya and noted that he was appointed to sit as a deputy High Court judge in late 2021.

Thirlwall said these details were irrelevant and “raised eyebrows” among the judges.

“Those matters shouldn’t have been in the skeleton argument.

“It’s no more appealing to do that than to say it was a very strong court,” she told Adrian Speck KC, who argued for Med-El.

Speck said the brief was only meant to identify the judge.

But Thirlwall replied: “His name would have done, and we had that on the judgment.

“I wouldn’t expect to see that sort of observation made in anyone’s skeletons before this court.”

In its own skeleton, Advanced Bionics criticised Med-El for highlighting Forsyth’s training as a solicitor.

“They could also have pointed out that he is a patent specialist of many years’ standing,” the Advanced Bionics brief said.

Solicitor judges are rare in England and Wales, where most High Court judges are former barristers.

An EPO board of appeal upheld an amended version of Med-El’s patent last September.

more from across site and SHARED ros bottom lb

More from across our site

Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
New timeline for 2026 aims to provide clearer guidance to firms and practitioners on the full jurisdictional market view
Attorneys contemplate whether clients using AI for legal guidance is beneficial to attorney-client relationships or more of a nuisance
Richard de Bodo, who had a lengthy career at international firms, shares how he will address client needs and praises the unique offerings of smaller firms
An Australian top court decision clarifying honest concurrent use and wins by publishers against AI platforms were also among the top talking points
AIPPI has pulled the plug on its planned 2027 World Congress, and INTA has delayed hosting a meeting there, but the concerns won’t abate
Despite being outspent by a wealthy opponent, a trial attorney at King & Spalding says ‘relentless pursuit of the truth’ helped his team secure a $420m damages award for mobile gaming client
Gift this article