Victory all along the line

The three Utility Model infringement proceedings initiated by Copan Italia S.p.A. (“Copan”) against Puritan Medical Products Co., LLC, Medical Wire & Equipment Co. (Bath) Limited and Check Diagnostics GmbH (“Defendants”) before the Regional Court Düsseldorf have now been dismissed with final and binding effect.

The infringement proceedings concern the following three German Utility Models

• DE 20 2004 021 787 (“DE'787”)
• DE 20 2004 021 930 (“DE'930”)
• DE 20 2004 021 932 (“DE'932”)

the subject-matter of which is directed to swabs for collecting biological specimens.

The three Utility Model infringement proceedings had already been preceded by an independent proceeding of taking evidence as of November 2012 (Court ref.: 4b O 176/12).

In the first instance, the complaint concerning DE'787 was suspended and the complaint concerning DE'930 (Court ref.: 4b O 39/13) was dismissed. The complaint regarding DE'932 was successful in the first instance (Court ref.: 4b O 58/13).

The validity of the Utility Models was challenged in parallel cancellation proceedings, with the Defendants ultimately prevailing in all three cancellation proceedings.

Following the cancellation proceedings being finally concluded, the infringement proceedings which have been suspended in the meantime concerning the Utility Model DE'787, in the first instance by the Regional Court Düsseldorf (DE'787 – Court ref.: 4b O 59/13), and concerning the Utility Model DE'932, in the second instance by the Higher Regional Court Düsseldorf (DE'932 – Court ref.: I-2 U 48/14), have now been finally concluded with the dismissal of the respective complaint.

The proceedings in Germany are part of an international dispute.

Representatives:

Representatives of Copan Italia S.p.A.

Peterreins Schley Patent- und Rechtsanwälte PartG mbB (Munich): Lawyer/German Patent Attorney Dr.-Ing. Frank Peterreins; German Patent Attorney Markus Coehn
 

Representatives of Puritan Medical Products Co., LLC et al.

Meissner Bolte Patentanwälte Rechtsanwälte Partnerschaft mbB (Munich): Lawyer Dr. Tobias Wuttke; German Patent Attorney Kay Rupprecht, LL.M.; German Patent Attorney Markus Eustermann