Brother injunctions confirmed

The Düsseldorf Court of Appeal has confirmed two preliminary injunctions which had been issued by the District Court of Düsseldorf on 11 September 2008 and subsequently appealed by Pelikan and German Hardcopy AG (Geha).
 
In a related action, the Düsseldorf Court of Appeal has also issued a third preliminary injunction overturning a previous decision by the District Court of Düsseldorf in its judgment.
 
Whilst the preliminary injunction proceedings are concluded by these decisions, the injunctions remain subject to subsequent proceedings on the merits. In two of the three cases, such proceedings on the merits have already been initiated.
 
All three preliminary injunctions relate to certain ink cartridges of Pelikan and Geha that are compatible with Brother ink cartridges for Brother devices. Brother claimed that these compatible cartridges infringed utility models that Brother holds for certain cartridge technologies.
 
The ground for the legal dispute is two utility patents filed by Brother for its LC 1000 and LC 970 cartridges. These utility patents relate to a specific keeper slot design and minor geometrical attributes of the ink level indicator.
 
Pelikan filed objections against the granting of the two utility patents with the German Patent and Trademark Office in Munich. In these protests, Pelikan basically asserts that the utility patents are based on neither a technical innovation nor an inventive activity.
 
The Court of Appeal in Düsseldorf decided in Brother’s favour in both appeal proceedings, although Brother lost one case in the previous court proceedings. The enforcement of these decisions is dependent on a security deposit to be provided by Brother in the amount of EUR 625,000.
 
However, these decisions are not definitive. They were delivered in the scope of provisional rulings. The question of whether Pelikan is definitively infringing the two utility patents can only be settled in ordinary proceedings. Brother therefore filed the primary lawsuit against Pelikan concerning the infringement of both utility patents on 10th November 2008 with the Düsseldorf Regional Court.
 
Pelikan commented “Irrespective of these decisions, the products in question are already being manufactured in a modified design. Pelikan is thus avoiding any interruption in the delivery of the cartridges.”
 
And added “It is a principle of Pelikan to respect the intellectual property of third parties and to implement its own technical solutions during product development. These solutions are developed at its Technology Centre in Wetzikon, Switzerland, an ultra-modern research centre with the highest technical standards, opened in 2007. Pelikan makes the utmost effort to generally exclude patent violations. As part of its comprehensive patent policy, Pelikan also utilises external consultants for patent clarification.”
 
“Pelikan’s strength lies not only in its 170 years of experience in the manufacture of inks and cost-effective consumables, but also in its quick reaction to market conditions. The Pelikan Group comprises eight Pelikan production plants worldwide, as well as its own research and development facility.” Concluded Pelikan. 
 
The Brother Group publishes “The Brother Group Global Charter” to provide the basic policies and codes of practices on which all Brother’s associates must base their decisions and actions.
 
In a statement, Brother said “In respect of intellectual property rights, Brother acts with the highest integrity in accordance with the rules and applicable laws under “The Brother Group Global Charter” and esteems others’ intellectual property rights, but at the same time, Brother legitimately asserts its own intellectual property rights and will take necessary actions against illegal use of its intellectual property rights.”