Vencomatic RED-L patent upheld in Germany
Recently, German Bundespatentgericht (Federal Patent Court) in Munich dismissed Big Dutchman’s nullity complaint against the German part of the European Patent covering Vencomatic’s RED-L aviary system for layers.
Vencomatic is the exclusive licensee of this patent. The Bundespatentgericht appreciated inventor Roelof Pol’s approach based on observational studies of animal behaviour as opening up a new way of solving the problem of floor eggs. Big Dutchman, a German supplier of feeding systems and housing equipment for pigs and poultry, had started the German nullity procedure in response to a complaint of Dutch aviary system manufacturer Vencomatic that Big Dutchman infringed the contested European patent in Germany.
The patent dispute
This decision is the second court decision in a patent dispute between Vencomatic and Big Dutchman after first the Landgericht Düsseldorf had decided in favour of Vencomatic on its request to order Big Dutchman to stop infringing the European patent. Big Dutchman had not denied infringement but had argued that the infringement procedure should remain awaiting the outcome of the nullity procedure before the Bundespatentgericht.
The nullity procedure in which the decision of the Bundespatentgericht to uphold the European patent has now been rendered relates to the validity of the German part of the European patent and is subject to appeal. The decision of the Landgericht Düsseldorf to grant Vencomatic an injunction has been appealed against by Big Dutchman. However, Big Dutchman’s defence is based on the alleged nullity of the RED-L Patent and does not appear to be convincing in the light of the decision of the Bundespatentgericht.
Related links:
Vencomatic (Several language options)
Big Dutchman (Several language options)
Source: Vencomatic press release
