Firm succeeds in utility model infringement case for Pelikan
15 March 2012
Field Fisher Waterhouse
succeeds in utility model infringement case for Pelikan at the
Higher Regional Court of Düsseldorf
Munich, 15 March
2012 – Field Fisher Waterhouse has successfully
represented Pelikan, the manufacturer of stationery and print
cartridges, in a utility model infringement lawsuit against
Brother. From now on Pelikan Vertriebsgesellschaft mbH & Co KG
is again permitted to distribute the replacement cartridges for
Brother LC980, LC985, LC1100 ink cartridges.
In March 2012, Brother Kogyo Kabushiki Kaisha
abandoned a request for a preliminary injunction at the Higher
Regional Court of Düsseldorf. With the injunction Brother tried to
prohibit the distribution of a newly developed replacement
cartridge by Pelikan in Germany claiming it violates the German
utility pattern DE 20 2008 017 957 (file reference: I-2 U
89/11).
After the patent senate of the Higher Regional
Court Düsseldorf expressed substantial doubts about the legal
effectiveness of the utility model, Brother took back its request.
Hence the injunction of 15 September 2011 with which the Regional
Court Düsseldorf has prohibited Pelikan the distribution of the new
ink cartridge, loses its effect (file reference: 4b O 114/11).
In a parallel injunctive process regarding
another utility model Pelikan has already won at first instance
(DE 20 2008 017 955). The Regional Court Düsseldorf
also decided on 15 September 2011 that this utility model was not
harmed by the new ink cartridge from Pelikan (file reference:4b O
114/11). Brother has not appealed against this judgement.
The proceedings regarding the main issue are
in both cases still pending, but will not be heard before April
2013.
Representative Pelikan Vertriebsgesellschaft
mbH & Co KG:
Field Fisher Waterhouse LLP, Munich: Dr. Dr. Jochen Herr, Dr. Joachim Feldges
Representative Brother Kogyo Kabushiki
Kaisha:
Rospatt Osten Pross: Max von Rospatt, Dr. Markus Lenßen
Patent Attorneys Prüfer & Partner
For further information, please contact:
Paula Nugent, PR Executive, Field
Fisher Waterhouse LLP on 020 7861 4526
Louise Eckersley, PR Manager,
Field Fisher Waterhouse LLP on 020 7861 4120