Photo Source: David Medical

On March 27, Ningbo David Medical Device Co., Ltd. (“David Medical”) disclosed in a public filing that it and its wholly-owned subsidiary, Ningbo Verykind Medical Device Co., Ltd. (“Verykind Medical”), have been named as defendants in a patent infringement lawsuit filed by Cilag AG International (“Cilag”), with total claims reaching more than RMB 161 million.

According to the disclosure, Verykind Medical received litigation documents from the Nanjing Intermediate People’s Court in Jiangsu Province on May 20 and July 7, 2025. Cilag initiated three separate patent infringement actions against the company, asserting that its products infringe three of Cilag’s Chinese invention patents.

The patents-in-suit are: “Motor-Driven Surgical Cutting Instrument with Electric Actuator Directional Control Assembly” (Patent No. 201080059401.4); “Surgical Instrument with Power Control Circuit” (Patent No. 201180057826.6); and “Staple Cartridge for Forming Staples with Different Formed Staple Heights” (Patent No. 200610126469.5).

Cilag alleges that Verykind Medical’s powered endoscopic cutting staplers (D/T/VD/VT series) and associated staple cartridges (including but not limited to D/T/DA/TA/VD/VT/S/G/DM/TM series) fall within the scope of the asserted patents. The plaintiff seeks injunctive relief—an order to cease the manufacture, sale, and offer for sale of the accused products—along with damages, attorney’s fees, and litigation costs.

Initially, Cilag sought RMB 5 million, RMB 5 million, and RMB 1 million in the three cases, respectively. During the course of the proceedings, however, it significantly increased the claim amounts, raising the demands in the first two cases to RMB 80.63 million each—bringing the combined total to RMB 161.26 million. Meanwhile, Cilag voluntarily withdrew the case involving Patent No. 200610126469.5.

Public records from the China National Intellectual Property Administration (CNIPA) show that Cilag’s withdrawal followed a successful invalidation challenge by Fulbright Medical Inc., another Chinese high-end surgical device manufacturer, on January 19 of this year. CNIPA records indicate that Fulbright Medical filed at least four invalidation petitions against the same patent beginning in 2020, with the CNIPA issuing four decisions. The patent was ultimately declared invalid in its entirety this January, after having been repeatedly upheld in prior rounds.

In response to the substantial claims, David Medical stated in the filing that the asserted amounts are merely the plaintiff’s unilateral demands and do not reflect any final court ruling. The case remains in first-instance proceedings, and the outcome remains uncertain. The company stated it has assembled a professional legal team to vigorously defend its rights.

Notably, David Medical is not the sole Chinese company facing patent enforcement actions from Cilag. Public invalidation records show that Cilag has asserted several of its core patents—including ZL200680035337X, ZL2010800594014, and ZL2011800578266—against multiple Chinese medical device manufacturers. The technologies involved span electric actuator control, ultrasonic energy application, surgical instrument power regulation, and precision staple cartridge design. Companies that have been drawn into such disputes include Innolcon Medical Technology (Suzhou) Co., Ltd., BM Medical Technology Co., Ltd., and Suzhou MDHC Precision Components Co., Ltd.

Founded in 1992, David Medical is a national high-tech enterprise and was the first listed company in China’s infant care equipment sector to join the Shenzhen Stock Exchange’s ChiNext market. Over the past three decades, it has evolved from a specialized provider of infant care solutions into a platform-based medical device company spanning pediatric and obstetric care, minimally invasive surgical instruments, and emergency/ICU products. Verykind Medical serves as David Medical’s core subsidiary and primary profit driver in the minimally invasive surgery segment.

Cilag AG International, a subsidiary of Johnson & Johnson, is a key player in the high-end surgical device sector. Headquartered in Schaffhausen, Switzerland, Cilag focuses on the R&D, manufacturing, and global commercialization of surgical instruments, with deep expertise and extensive patent portfolios in areas such as ultrasonic surgical instruments, powered cutting and stapling devices, surgical staple cartridges, and power-controlled surgical instruments.

The patent infringement litigation remains in the first-instance phase, with no final judgment issued to date.