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Fieldfisher succeeds in utility model infringement case for Pelikan at the Higher Regional Court of Düsseldorf
Munich, 15 March 2012 – Fieldfisher 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:
Louise Eckersley, PR Manager, Field Fisher Waterhouse LLP on 020 7861 4120