David Bensoussan and Rock dental AG have settled

Case No. O2017_026 ¦ Order of 11 September 2018

I had reported about the ownership dispute in summary proceedings between between David Bensoussan and Rock dental AG on this Blog here.

Except for the complaint, nothing had surfaced in main proceedings O2017_026, though. See the full complaint below. I now came across an order that had been issued on 11 September 2018: The parties apparently found an amicable solution. The order had not been published by the FPC, but the terms agreed upon by the parties do not contain any confidentiality obligation. It is rare that one can catch a glimpse of how cases are settled at the FPC: The full order is available in the file wrapper at the EPO in relation to the European phase of the patent application concerned. In brief, the parties agreed as follows:

    • Marc Fehlmann and David Bensoussan are joint inventors.
    • Rock dental AG shall be the sole owner of the patent applications / patents.
    • David Bensoussan shall be reimbursed for assignment of his share of rights in the patent applications / patents with a 20% share of the license income.

As a result of the settlement, case O2017_026 was written off as settled.

Reported by Martin WILMING


Case No. O2017_026 ¦ Order of 11 September 2018

David Bensoussan ./. ROCK dental AG


    • Lara DORIGO

Court Clerk:

    • Susanne ANDERHALDEN

Representative(s) of Plaintiff:

Representative(s) of Defendant:

    • Dr. Guillaume FOURNIER (MLL)
    • Christophe SAAM (P&TS), assisting in patent matters

Case no.: S2017_008
Decision of: 27 December 2017

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The correct case no. is S2017_008, as indicated on the title page. Don’t be misled by case no. S2017_002 in the header of pages 2 ff of the decision; that’s a typo.

Case no.: O2017_026
Order of: 11 September 2018

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The order is publicly available in the European Patent Register since 17 January 2019.


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The writ is publicly available in the European Patent Register since 29 December 2017.


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