2021 years 1 month 9 day, Barcelonetti 5 The commercial court issued its judgment in September, Support German companies Vorwerk All of the claims, identification Lidl Supermercaods (German retailer Lidl A wholly owned subsidiary in Spain) Infringe the plaintiff's patent right.

　　This case concerns the effective patent of a European patent in Spain, The patent relates to the protection of well-known kitchen appliances Thermomix Part of the innovative technology features. Lidl Spanish shops import and sell one Silvercrest Brand kitchen appliance—— "Monsieur Cuisine Connect" . The equipment is manufactured by another German company. (Thermomix Kitchen equipment)

　　Lidl The defense denies the existence of infringement, And filed a countersuit, Request that the patent in question be found invalid. The first ground on which the counterclaim is based, Add invention theme. Lidl Think that, The patent in question had modified the claim in the European Patent Office process, Technical features that were not included in the initial application were added to the independent claim. however, The court held that, The disputed technical features were implied in the original application. Therefore, All technical features contained in the patent can be directly and explicitly identified by a person skilled in the field.

　　Lidl It also questioned the creativity of the patents involved, It holds that the technical features contained in the independent claims are obvious to those skilled in the field, It may be based on the technology known to the public at the time of submission and Braun and Philips Several of the company's prior kitchen appliance patents, After a simple combination.

　　The court rejected these grounds, Follow the practice of the European Patent Office and specialized courts, adopt "problem-solution" Method for analysis. Post-analysis identification, Based on the prior patent, It's not available to a technical person in this field Vorwerk Technical solutions for patent disclosure, Because none of the prior patents proposed or suggested, Kitchen appliances can be realized "Except for processed or mixed foods, Either feature can also be activated separately, Weigh the food at the same time" This technical characteristic.

　　confirmed Vorwerk After the validity of the patent, The court then examined Lidl Whether there is a patent infringement. For that matter, The dispute in this case centers on, "MonsieurCuisine" Whether the device has an insurance function——Prevents interference with working mixing bowls. Examined the expert reports submitted by the parties, The court held that the above functions as well Vorwerk Other relevant functions contained in the independent claims of the patent, All appear in the alleged infringing device.

　　Therefore, The court ruled for Vorwerk All claims made in the indictment, This includes stopping sales and removing infringing devices from the market, Pay damages, The exact amount will be determined during the implementation phase after the judgment takes effect. 　　The verdict has not yet taken effect, Lidl An appeal to the Barcelona provincial Court of Appeal is still possible.

　　compile: Liu Dan, Esabarry Legal Counsel　　source: Esabaril (ELZABURU) Intellectual property rights