Switzerland-based Oxeon AB, a pioneer of spread tow woven fabrics sold under the Textreme brand, received a patent infringement ruling in its favor from a German Court of Appeal (Oberlandesgericht München).
The infringing product, a spread tow fabric, was produced by G. Angeloni S.r.l, Italy. The Oberlandesgericht München found the aforesaid product to be infringing the German part of European patent (EP 1 838 909 B1). The patent is owned by a company associated with Oxeon and Oxeon is the licensee of the patent.
A German district court (Landgericht München) initially interpreted the patent in a different way and ruled in favor of the defendant, G Angeloni S.r.l. However, on appeal by Oxeon the Oberlandesgericht München overruled the earlier judgment and instead ruled in favor of Oxeon.
G Angeloni S.r.l. has decided not to appeal the judgment of the Oberlandesgericht München and the deadline for doing that has now passed. The patent infringement case initiated by Oxeon is therefore now ended. Oxeon is entitled to financial compensation for the infringement of the patent as well as reimbursement of litigation costs.
Further, according to the judgment of the Oberlandesgericht München, sales in Germany of the product (spread tow fabrics), which was found to infringe the patent, are prohibited.
Photo courtesy Textreme
