Belparts wins another victory in patent dispute
Belparts expressly welcomes the ruling of the German Federal Patent Court in München of May 10, 2022 on the German part of the Belparts patent EP 2 307 938 B2. The patent was confirmed as effective and the action was dismissed.
In its ruling of May 10, 2022, the Federal Patent Court dismissed Belimo Holding AG’s nullity action against the German part of EP 2 307 938 B2 (hereinafter: Belparts patent) in its entirety and ordered Belimo Holding AG to pay the entire costs of the proceedings (Ref.: 4 Ni 25/20 (EP)). This means that the validity of the Belparts patent was again confirmed. The decision of the Federal Patent Court can still be challenged on appeal, although Belparts is of the clear opinion that any appeal will be unsuccessful.
This decision of the Federal Patent Court is an important milestone in the legal dispute against Belimo Holding AG, Belimo Automation AG and Belimo Stellantriebe Vertriebs GmbH (hereinafter jointly: “Belimo”).
In its ruling of November 30, 2021 (4b O 35/20), the Düsseldorf Regional Court ordered Belimo to cease and desist from indirect infringement of the Belparts patent (so-called Schlechthin Verbot). The judgment concerns the electronic pressure-independent 6-way zone valve EPIV, which is advertised with the type designations EP015R-R6+BAC as well as EP020R-R6-BAC. Belimo has appealed the ruling of the Düsseldorf Regional Court (I-15 U 67/21). In parallel proceedings before the Düsseldorf Regional Court (Case No. 4b O 111/20), however, which do not concern the EPIV electronic pressure-independent 6-way zone valve, Belparts’ action based on European patent EP 2 706 425 was dismissed on November 30, 2021. Belparts’ appeal is pending under file number I-15 U 66/21.
Insofar as Belimo has publicly claimed in the past that EP 2 307 938 B2 is not legally valid according to Belimo’s “well-founded view” (cf. https://www.tga-praxis.de/news/sieg-im-patentverletzungsstreit.html; https://www.si-shk.de/belimo-erringt-einen-sieg-im-patentverletzungsstreit-131106/; https://www.pressebox.de/inaktiv/belimo-stellantriebe-vertriebs-gmbh/BELIMO-erringt-einen-Sieg-im-Patentverletzungsstreit-mit-Belparts-Group-BV-betreffend-2-Weg-und-3-Weg-Regelventile-und-wird-Berufung-gegen-das-Patentverletzungsurteil-betreffend-das-elektronisch-druckunabhaengige-6-Weg-Ventil-einlegen/boxid/1088704), it must be clarified once again that Belimo’s view is not shared by the competent authorities and court. This has been shown again by the recent decision of the Federal Patent Court. The decision of the Federal Patent Court confirms the decision of the Board of Appeal of the European Patent Office of December 10, 2019 (Ref.: T 1672/16). The validity of the Belparts patent EP 2 307 938 B2 has thus been confirmed for the second time.
Belparts’ European patent EP 2 307 938 B2 concerns, in abbreviated summary, electronically operating, pressure-independent 6-way control valves installed in heating, cooling and sanitary systems, behind which ultrasound-based or electromagnetically operating flow sensors are provided after a quieting section. The complete patent specification can be found here.
Belparts sees the decision of the Federal Patent Court as another important milestone in its strategy to secure important innovations through patent rights and to defend these innovations in competition in Europe and the USA.
Jan Ulens, Managing Director
Gert Beckers, Head of Sales & Business Development
Press Release | 11 march 2022