Bystronic Laser AG ./. Tomologic AB

We have reported on this matter already on February 3, 2017 when ex parte interim measures have been denied; see this Blog here.

At that time, it has only been an educated guess that Bystronic Laser AG and Tomologic AB were involved. But it is confirmed now: We can catch a glimpse of what is going on in main proceedings O2017_002 at the FPC from the EPO online files of EP 2 485 864 B1 (see EPO Register) and EP 2 694 241 (published as WO 2012/136262 A1; see EPO Register).

As noted in the Register, both cases have been stayed now; EP’864 in opposition proceedings, EP’241 shortly before grant:

The EPO file wrapper are telling. Bystronic Laser AG joined the pending opposition proceedings re EP’864 in accordance with Art. 105(1) lit. b EPC, based on the requested declaratory judgment of non-infringement which has been requested in O2017_002 besides assignment to co-ownership. Exhaustive arguments and evidence have been submitted. It’s hard to sort this out; the file wrapper is a mess. If you consider downloading it yourself, beware: The docket is huge (about 5’000 pages, 1.1 Gb), unsorted and documentary evidence is unfortunately not marked with identifiers. Good luck.

UPDATE July 4, 2017, further to the above parapraph:

If you are not afraid of big data, I strongly encourage you to do your own research in the online docket. Note that parties to EPO proceedings are not obliged to mark-up documentary evidence with identifiers. The online file wrapper of the EPO is beyond control of the parties.

We did quite some digging in the dockets, and interesting insight may be gained from prior correspondence between the parties’ counsel. Apparently, there have been intense discussions prior to litigation:

Details of the intervention of Bystronic Laser AG in opposition proceedings re EP’864:

Correspondence with the EPO’s legal division with respect to the stay of the proceedings:

It will be interesting to read more from the FPC on this matter. Stay tuned …

Reported by Ingo LUMMER and Martin WILMING


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