Patent Infringement: Düsseldorf District Court Confirms HARTING’s Legal Position

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  • HARTING had appealed against the competitor on grounds of IP infringement back in October 2018
  • HARTING had already sued the German competitor for infringement against other proprietary rights
  • The declared decision is not yet final

In a recent bid to defend its intellectual property (IP) against infringement, global industrial technology providers HARTING won a challenge for patent rights of their product against a German competitor. HARTING had appealed against the competitor on grounds of IP infringement back in October 2018. 

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The German Patent and Trade Mark Office (DPMA) confirmed the legality of the contested HARTING patent in May 2019. Following an opposition by a German competitor against the contested HARTING patent, the DPMA upheld the patent with minor limitations and otherwise rejected the opposition. But the competitor continued to sell the products in question all the same. A preliminary injunction gave HARTING the opportunity to protect its rights ahead of a decision in the main proceedings. 

Protecting the intellectual rights
“We were compelled to act after the competitor failed to respect the decision of the DPMA,” continued Philip Harting. HARTING, therefore, applied for a court decision in summary proceedings. The ruling handed down by Düsseldorf District Court on 5 September followed a hearing in August 2019.

“When it’s a matter of our intellectual property, a vital interest of the HARTING Technology Group, we seek legal assistance throughout the world to protect our rights – whether it’s in China, Europe or Germany,” said Philip Harting. “The ruling of 5 September is a very positive signal for possible further legal proceedings.”

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HARTING had already sued the German competitor for infringement against other proprietary rights in the same patent family in October 2018.

The declared decision is not yet final. The competitor can appeal against the decision.

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