in Schenk
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
BAUSSMANN Collated Fasteners GmbH v.Raimund Beck Nageltechnik GmbH
This UPC decision addresses a revocation action concerning a patent for specialized lignocellulosic fasteners. The court delivered key legal principles regarding inventive step, stressing that assessments must not be made retrospectively based on post-grant knowledge. Crucially, the ruling established that if the claimant voluntarily limits its attack scope (by not challenging certain claims), this limitation is binding on both the defendant and the court. Consequently, the patent was partially revoked in the specified member states.
Hartmann Packaging A/S v.Omni-Pac Ekco GmbH Verpackungsmittel a. o.
In this UPC case concerning egg packaging technology (EP 2 755 901 B1), Hartmann Packaging A/S sued Omni-Pac Ekco GmbH for infringement and simultaneously filed a revocation counterclaim. The Düsseldorf Local Division ultimately dismissed the infringement claim, finding no violation of the patent rights. Crucially, the court also rejected the revocation counterclaim, affirming the validity of the patent while providing important guidance on interpreting 'the same invention' under Article 87 EPC.
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