Vienna (AT) Local Division
5 cases · page 1 of 1
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.ALPINA COFFEE SYSTEMS GmbH
This is a procedural order issued by the Local Chamber Düsseldorf in proceedings concerning European Patent EP 3 610 762, in which CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG sues ALPINA Coffee Systems GmbH. The order, issued by Presiding Judge Dr. Thom as rapporteur, sets out directions for the further conduct of the case, including requirements for uniform patent interpretation, the presentation of validity attacks (particularly on inventive step), the proper formatting of auxiliary requests, and a timetable for revised submissions and responses. The court found the defendant's inventive step attacks insufficient and advised focusing on the strongest attacks, while also setting deadlines running from May 15, 2026 through June 19, 2026.
Messerle GmbH v.Sabert Corporation Europe S.A.
This case before the Vienna Local Division concerned European Patent EP 3 705 415 B1, directed to packaging for food products comprising a cardboard or paperboard tray and a lid. Messerle GmbH brought an infringement action against Sabert Corporation Europe S.A., which filed a counterclaim for revocation. The Court dismissed both the infringement action and the counterclaim for revocation, with each party bearing its own costs.
SWARCO FUTURIT Verkehrssignalsysteme GmbH. v.STRABAG Infrastructure & Safety Solutions GmbH
The Local Chamber Vienna addressed an alleged infringement of European Patent 2 643 717 brought by SWARCO Futurit Verkehrssignalsysteme GmbH against STRABAG Infrastructure & Safety Solutions GmbH, with Chainzone Technology (Foshan) Co., Ltd. intervening. The court established guiding principles on four key issues: the mandatory formal counterclaim for revocation when invalidity is pleaded, the distinction between recall and final removal of infringing products, the discretionary nature of publication orders, and the cost treatment of interveners as analogous to parties.
DMV industrijski kontrolni sistemi d.o.o. v.Respondent
This procedural order concerns a request by DMV industrijski kontrolni sistemi d.o.o., a member of the public, for access to the pleadings and evidence in an ongoing patent infringement case under Rule 262.1(b) of the Rules of Procedure. The underlying infringement action was brought by SWARCO Futurit Verkehrssignalsysteme GmbH against STRABAG Infrastructure & Safety Solutions GmbH concerning European Patent EP 2 643 717, which relates to a color and light mixing collecting optic for outdoor LED variable traffic signs. The order establishes the legal framework for balancing public access interests against the protection of confidential information, personal data, and the integrity of the proceedings.
SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H. v.STRABAG Infrastructure & Safety Solutions GmbH
This procedural order concerns an intervention application filed by Chainzone Technology (Foshan) Co., Ltd. in a patent infringement action brought by SWARCO Futurit Verkehrssignalsysteme GmbH against STRABAG Infrastructure & Safety Solutions GmbH regarding European Patent EP 2 643 717 B1. The patent relates to a color and light mixing collective optic for outdoor imaging display panels. STRABAG had installed LED variable message signs supplied by Chainzone at Austrian motorway locations under a contract from ASFINAG. The court addressed the admissibility of the intervention and the question of whether the intervener could be ordered to provide security for costs.
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