Susan Long
Doctors claim Mindef infringed 'mobile clinic' patent
Source: The Straits Times 7 February 2012
TWO doctors are suing the Government over a mobile emergency medical station they claim they designed and patented.
They say the Ministry of Defence (Mindef) knowingly infringed their
intellectual property by producing a mobile casualty station similar to
theirs.
They found out about this last year, after Mindef unveiled the mobile clinics it planned to use at the National Day Parade.
Mindef is contesting the case, and a hearing is scheduled before the
High Court next week to determine whether the ministry can file a
counterclaim.
Dr Mak Koon Hou, 50, a cardiologist in private practice, and Dr Ting
Choon Meng, 52, a general practitioner who is chairman and chief
executive officer of HealthStats International, a medical devices
company, are represented by the legal firm Bih Li & Lee.
Their company, MobileStats Technologies, which markets their mobile
medical station, has issued a writ of summons against Mindef for
infringing its Singapore patent. Among other things, they are seeking
damages and costs.
Mindef, represented by the law firm Wong & Leow LLC, is denying
the allegations and claims in its defence that the doctors’ patent is
not valid.
Its position is that the doctors’ so-called invention was not
patentable because it was not new, involved ‘no inventive step’ and was
‘not capable of industrial application’.
Dr Ting and Dr Mak were national service medical platoon and deputy
battalion commander respectively with the Singapore Civil Defence Force
(SCDF) and started work on their mobile medical station after the Sept
11, 2001 terrorist attacks in the United States.
Their ‘Station With Immediate First-Aid Treatment’ – Swift – is
essentially a 10-tonne truck that opens up to become a resuscitation
area equipped with surgical devices and lights, a built-in suction
system for removing blood, fluids and debris, and emergency life-saving
devices.
The SCDF, which wanted a movable facility to immediately stabilise
severe casualties, prioritise treatment for victims and send them to the
right place for treatment, began using the vehicles in 2004.
The doctors say SCDF paid them royalties for using their invention, which they had designed from scratch.
They obtained local and international patents in 2005, and drew
praise from the likes of the United States Army and Singapore
Technologies Kinetics. Eight years ago, they formed MobileStats to
market their mobile medical station.
They say that Mindef approached them some years ago and, over several
meetings, they discussed their mobile station with officials and gave
suggestions on how to improve it for use by the army. They then heard
nothing more.
But in July last year, they read media reports that Mindef had a
‘mobile battalion casualty station’ that it was planning to use at the
National Day Parade.
Mindef’s mobile clinic, mounted on a five-tonne truck, was among
innovations highlighted by the ministry in the run-up to the parade to
improve its response to emergencies.
There were to be three such stations on standby at the parade, ready
to be sent to any emergency spot and transformed into a medical clinic
within 15 minutes.
Each station, armed with a ventilator, improved medical dressings to
stanch bleeding and an on-board water tank to wash wounds, could treat
up to 200 people for a variety of injuries.
The doctors say this vehicle infringed their patent of a ‘mobile first aid post’, in idea and design specifications.
When contacted, Mindef’s director of public affairs, Colonel Desmond
Tan, said: ‘As there is an ongoing court case on this matter, it is
inappropriate for Mindef to make any statement at this juncture.’
It’s the vendor, not Mindef, who’s defending docs’ patent suit
WE REFER to last Tuesday’s report (‘Doctors claim Mindef copied their ‘clinic on wheels”).
The Ministry of Defence (Mindef) would like to clarify that the conduct of the defence of the suit by MobileStats Technologies against the Government is by Syntech Engineers (‘the vendor’), which supplied the mobile battalion casualty station (BCS) to Mindef.
Wong & Leow LLC, which is reported in the various media as representing Mindef, is appointed by the vendor.
The vendor was awarded a contract through an open tender to supply Mindef with a mobile BCS in June 2009.
The contract between the Government and the vendor provides, among other things, that the vendor shall indemnify the Government against any claim for actual or alleged infringement of any intellectual property right arising from the use or possession of the mobile BCS, including the conduct of litigation against any suit arising from such claims.
Colonel Desmond Tan
Director, Public Affairs
Mindef