Belparts wins in patent infringement case

Belparts expressly welcomes the decision of the Düsseldorf Regional Court in the proceedings 4b O 35/20.

In its judgment of November 30, 2021 (4b O 35/20), the Düsseldorf Regional Court (Landgericht Düsseldorf) upheld the action brought by Belparts Group N.V. (hereinafter: Belparts) against Belimo Holding AG, Belimo Automation AG and Belimo Stellantriebe Vertriebs GmbH (hereinafter jointly: “Belimo”); the action in the parallel proceedings 4b O 111/20, however, was dismissed. Both judgments were challenged on appeal (I-15 U 67/21 and I-15 66/21) and are not legally binding.

Belimo was convicted by the Düsseldorf Regional Court in proceedings 4b O 35/20 for indirect infringement of the German part of Belparts’ patent EP 2 307 938 B2. The ruling relates to the electronic pressure-independent 6-way zone valve EPIV, which is advertised with the type designations EP015R-R6+BAC and EP020R-R6-BAC.

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, downstream of which ultrasonic or electromagnetic flow sensors are provided after a settling section. The complete patent specification can be downloaded here.

Insofar as Belimo publicly claims that EP 2 307 938 B2 is not effective in Belimo’s opinion, the following must be clarified: Belimo challenged the patent before the Federal Patent Court with an action for nullity (4 Ni 25/20 (EP)). In these nullity proceedings, however, the Federal Patent Court has already determined in a detailed reasoned interim decision that the patent is legally valid in the preliminary opinion of the Federal Patent Court. An oral hearing to clarify this issue will be held on May 10, 2022.

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