After the oral hearing of 14 September 2021, the Düsseldorf District Court has, in its judgment pronounced on 25 November 2021, partially dismissed Hymmen’s infringement action based on the German part of European patent EP 2 313 281 as far as this action was directed against Barberan’s machines supplied to Germany.
The court on the one hand found that the Barberan’s Jetmaster Series does not infringe said patent, and on the other hand found an infringement by wrongful information only that was mentioned in one of Barberan’s catalogues of 2015.
Again, there is no infringement by the machines that Barberan supplies or supplied; the court decided against Barberán only as far as previous advertising is concerned. Regarding the rest, Hymmen’s action was dismissed because of no infringement and the decision pronounced on 25 November 2021 is appealable for both parties.
The current press releases made by Hymmen stating that Hymmen would have “won” the infringement lawsuit regarding patent EP 2 313 281 at the Düsseldorf District Court are clearly false and misleading. Barberan will be glad to inform any interested party in more detail about the actual situation. Also, Barberan sees itself forced to review unfair competition claims against Hymmen for Hymmen’s false statements.
Barberan is convinced and has proven at the German courts that Hymmen’s patents are not being infringed by Barberan’s machines. The above judgment confirms this as well as the appealable decision of 18 November 2021 in a parallel case relating to Hymmen’s European patent EP 3 109 056; also in this other appealable judgment, the court ruled that Barberan’s machines did not infringe Hymmen’s European patent EP 3 109 056.
Barberan appreciates the favorable court decisions about Hymmen’s unfounded infringement allegations. At the same time, as we previously mentioned, Barberán has already developed a series of technologies for its present and future machines that make Barberan even more confident that none of its machines infringe any third-party rights.
Barberán S.A.
