Case No. O2019_005
I came across the complaint in an infringement case that is pending at the FPC, between Sanipat GmbH and Hafner AG.
Sanipat asserts EP 2 405 067 B1 and CH 703 691 against certain sealing strips for shower trays, i.e. Hafner’s ISO-SET®.
Sanipat’s CH’691 has already been partially surrendered twice, see below.
EP’067 is currently being challenged in EPO opposition proceedings, see EPO Register. Hafner joined the pending opposition proceedings by intervention; Art. 105(1) lit. a EPC. Oral proceedings are scheduled for 28 November 2019.
With decision of 21 January 2020, an Opposition Division of the EPO has revoked EP’067 ». Appeal proceedings are now pending. The FPC requested with letter of 3 June 2020 that the BoA accelerates its proceedings. With letter of 22 June 2020, the BoA confirmed that the appeal proceedings are being accelerated. The parties have been informed accordingly by the BoA, with letter of 22 June 2020 (provisionally indicating 18 January 2021 as the date of oral proceedings, if any).
The appeal has been dismissed by the BoA in oral proceedings of 18 January 2021, according to the minutes. Accordingly, the revocation of EP 067 has become final. The reasons are not yet available.
The reasons of the decision are now available; see here.
Reported by Martin WILMING
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BIBLIOGRAPHY
Case No. O2019_005
Panel of Judges:
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- [tbc]
Judge-rapporteur:
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- [tbc]
Court Clerk:
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- [tbc]
Representative(s) of Sanipat:
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- Dr. Andri HESS (Homburger)
- Julian SCHWALLER (Homburger)
- Dr. Bruno Meyer (Schneider Feldmann)
Representative(s) of Hafner:
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- [tbc]
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COMPLAINT AS FILED
Fullscreen view (new tab)—
EP 2 405 067 B1
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CH 703 691
Second partial surrender, published on 30 April 2019:
Fullscreen view (new tab)First partial surrender, published 30 November 2016:
Fullscreen view (new tab)Patent as initially granted:
Fullscreen view (new tab)—
BE ON THE KNOW
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