You are familiar with Sulzer Chemtech AG as an innovative company which has been able to gain your confidence with its high-quality products. It is our goal to set new technical and quality standards by constantly introducing new products and further developments and so remaining the leader in our field. Unfortunately, our success also tempts other companies to copy our products. We therefore consider it of prime importance that our products are protected by industrial property rights and that we also take every step to enforce these rights. Today, we would like to inform you of a patent dispute in Germany relating to the valve pistons we market.
The company Ritter GmbH in Schwabmünchen, Germany, had marketed 2-component cartridges with a valve piston under the names “Outer Piston Coax 380 ml” and “Valve Piston for Dental Cartridge 1:1”. The Düsseldorf courts specializing in patent law have decided that Ritter GmbH had infringed the European patent EP 1 165 400 B1 of the company Sulzer Chemtech AG by manufacturing and marketing these valve pistons for 2-component cartridges.
The Düsseldorf District Court as the court of first instance had already found against Ritter GmbH with its ruling of August 31, 2010 on patent infringement (court file 4B O 148/09). The Düsseldorf Higher Regional Court completely dismissed the appeal of Ritter GmbH against this ruling with its judgment of December 22, 2011 (court file I-2 U 121/11). Ritter GmbH has lodged an objection to the decision not to allow a further appeal. The judgment of the Düsseldorf Higher Regional Court is nevertheless immediately binding for Ritter. The decision of the appeal court thus also confirmed that Ritter GmbH may not manufacture, offer for sale or market in Germany the valve pistons opposed by the infringement suit.
Such valve pistons would also infringe European patent EP 1 165 400 B1 in Germany if they were to be manufactured abroad without the consent of Sulzer Chemtech AG and subsequently sold in Germany. It is, for example, not allowed under patent law to import or sell a complete two-component product in Germany if such valve pistons acquired abroad are used in this product.
Since we at Sulzer Chemtech AG naturally want to avoid our customers having to suffer through legal conflicts, we would like to take this opportunity to inform you that the above-named pistons offered for sale by Ritter GmbH may not be offered for sale or marketed in Germany – not even as part of a total product.
If you have any questions in this matter, please do not hesitate to contact our Head of Innovation, Dr. Habibi-Naini.
Further information: Dr. Sasan Habibi-Naini, Phone. +41 81 772 21 53, Fax +41 81 772 20 01, sasan.habibi@sulzer.com
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