After losing the case in Dusseldorf, the German firm Kaiyad continued to Sue Brose
The German company Kaiyi (Kiekert) With Brose (Brose) Caught up in a fight involving BMW (BMW) Car lock patent dispute. Boser subsequently succeeded in the Dusseldorf High Regional Court, The court overturned an earlier ban. merely, In response, Kaiyad immediately announced that it would file a new lawsuit.
The company failed in its attempt to Sue Brose, an automotive supplier, for infringing its patents on car door locks. The Higher Regional Court of Dusseldorf has changed the verdict of the first instance, The court had previously ordered Brose to immediately stop violating No DE102009029041B4 patent.
however, After Boser filed an appeal, The court dismissed Kayyad's suit.
BMW cars use Brose products
Have about 85%All BMW cars are equipped with Brose car locks, This means that the case has a high economic value. therefore, The Dusseldorf High Regional Court set the amount in dispute at 2000 Ten thousand euros.
Except for Brose Automotive Systems, The international automotive supplier has also filed claims against other subsidiaries as well as BMW in the appeals process. merely, It later withdrew its lawsuit against the Munich-based automaker and others.
Brose has filed a lawsuit in the German Federal Patent Court against No DE102009029041B4 Invalidation of patent No. Although the court confirmed the patent with certain qualifications, However, the German Federal Patent Court subsequently reconfirmed the original patent. In spite of this, The judges of the Dusseldorf High Regional Court still reached the following conclusion, That Brose's door locks do not infringe patents.
A hard blow from the defendant
The first round of disputes involved a separate lawsuit brought by Mr Kaiyad, For this patent owner, At first things seemed to go well.
Kaiyad sued Brose for violating its regulation EP2291568B1 Patent No, The Dusseldorf Regional court initially upheld the claim. however, When a federal court revoked the patent pending appeal, Mr Kaiyad decided not to press charges. therefore, The High Regional Court of Dusseldorf concluded the corresponding proceedings.
In the third lawsuit, Brose had the upper hand from the start. The Regional court in Dusseldorf rejected the infringement suit. In addition, Although both the Federal Patent Court and the Federal Court have confirmed Kailyad's EP0982978B1 Patent No, But this applies only in a restricted form.
2023 years 11 month, The Dusseldorf High Regional Court also rejected an appeal filed by Kaiyad in the infringement case.
Kaiyad starts the second round
In spite of EP0982978B1 and EP2291568B1 The patent lawsuit is now settled, But Kaiyi is in on it DE102009029041B4 Still has one last chance to litigate the patent. At the request of the media, Kay Yade confirmed, The company has been made to the Higher Regional Court of Dusseldorf, An appeal was lodged against the decision not to allow an appeal to the Federal Court.
Simone, Kairyad's spokeswoman.Focus (Simone Fuchs) preach: "In two oral hearings, The judges have all sent us positive signals, That is, they will follow the interpretation of patents given by federal courts. meanwhile, If the patent can be confirmed without any restrictions, As it is happening now, Then they will continue to uphold the infringement verdict of the Dusseldorf Regional Court. obviously, The verdict came as a surprise to Mr Kaiyad. "
Fox added: "At the same time, Regarding the ill-considered presentation of facts and the lack of a fair hearing in Superior District Court proceedings, We have also made criticisms. "
There could be further lawsuits
Kaiyi also revealed to the media, The decision by the Dusseldorf High Regional Court does not mean that the company has settled its dispute with Brose, It marks the beginning of a major patent war.
Fox expression: "Kaiyad will soon be based on the confirmed DE102009029041B4 No. 1 German patent and several other patents against Brose 35up Series Locks filed another lawsuit. " Here and now, Fox noted that the federal courts had affirmed Kailyad's patents in both proceedings.
Last year, Brose has also filed a patent lawsuit against Kaiyad in the Dusseldorf District Court. merely, The court has not yet ruled. (Be compiled from www. juve-patent. com)
TRANSLATORS: Liu Peng proofread: Wu Xian
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