22 January 2021
On 14 January 2021, the Munich Landgericht I (District Court) handed down two judgments ruling in favour of Schischek GmbH, which had sued Petz industries GmbH & Co. KG for infringement of two patents. International law firm Taylor Wessing represents Schischek in both cases with Munich patents partner Dr. Gisbert Hohagen leading the team.
Schischek claimed infringement of the German national designation of its European patent 1 632 013 B1 in the first suit, and of the German patent DE 103 17 181 B4 in the second. Both patents relate to an explosion-proof actuating and variable-speed drive, used in industrial facilities in the chemistry, pharmacy and petrochemical sectors, sewage treatment plants, natural gas compressor stations, oil rigs, and in any potentially explosive environment. Actuators incorporating the technology protected by the two patents are smaller in size and less expensive than the devices of the prior art. The Munich court found that the Petz QT.Ex-M explosion-proof actuators infringe claim 1 of the German part of EP 1 632 013 B1 as well as claim 1 of the German patent DE 103 17 181 B4.
In both judgments, the Munich court ordered Petz to cease and desist from making, offering and distributing the patent-infringing QT.Ex-M explosion-proof actuators in Germany. Furthermore, Petz is obliged to pay damages, disclose information and render account. The two judgments of the Munich District Court I are not yet final. Schischek is a subsidiary of Rotork plc, the globally acting market leader in actuators with its head office in
Counsel to Schischek
Taylor Wessing: lead client partner: Dr. Gisbert Hohagen (partner), Sebastian Kratzer (associate), both Patents & Pharma, both Munich
Prinz & Partner mbB: patent attorney Dipl.-Ing. Thomas Kitzhofer, Munich
Counsel to Petz:
rwzh Rechtsanwälte PartGmbB, Julian Wachinger, Munich
Patent attorneys: Dr. Gassner & Partner mbB, Erlangen
Munich District Court I: 7th Civil Division, Dr. Matthias Zigann (presiding judge), Dr. Georg Werner, Dr. Axel Walz