Sulzer Mixpac Patent Claims Upheld After Final Appeal Ruling

Posted: October 29, 2013

Haag, 29 October, 2013 – The firm Ritter GmbH, based in Schwabmünchen, Germany, sold static 4:1 mixers for the dental market designed for use with two-component cartridges. The mixers were sold under the names “Mixer 3.2-12-S blue 4:1” and “Mixer 3.2-16-S blue 4:1.”

On November 26, 2009, the Düsseldorf Regional Court ruled that certain Ritter mixers infringe the German part of Sulzer Mixpac AG’s European Patent EP 0 730 913 in a final judgment that cannot be appealed (Court file AZ 4b O 110/09). Ritter then unsuccessfully applied to Germany’s Federal Patent Court for a declaration of invalidity within the borders of Germany against patent claims 1, 3 and 4. The court confirmed the validity of the claims as to the mixing tips. Ritter then appealed to the Federal Court of Justice. (Court file AZ X ZR 36/12).  The appeal was denied on August 8, 2013 and the Sulzer Mixpac AG patent has been finally confirmed as valid as to the mixing tips. Thus, the infringement ruling of the Düsseldorf Regional Court against the mixers of Ritter GmbH remains in force.

 

 

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