GERMANY – Following an oral hearing held on September 14, 2021, the District Court of Düsseldorf, in its judgment handed down on November 25, 2021, partially dismissed the infringement action brought by Hymmen based on the German validation of European patent EP 2313281 insofar as this action was directed against Barberan machines supplied to Germany.

The court, on the one hand, found that Barberan’s Jetmaster series does not infringe that patent and, on the other hand, found infringement due to erroneous information mentioned in one of Barberan’s 2015 catalogs.

Again, there is no infringement by the machines supplied or supplied by Barberan; the court granted the claim only as to the advertising in that old catalog. Regarding the rest, Hymmen’s action was dismissed for non-infringement. The decision rendered on November 25, 2021 is appealable for both parties.

Barberan is convinced and has proven before the German courts that Barberan’s machines do not infringe Hymmen’s patents. The above verdict confirms this, as well as the appealable decision of November 18, 2021 in a parallel case concerning Hymmen’s European patent EP 3 109 056; Also in this other appealable verdict, the court ruled that Barberan’s machines did not infringe Hymmen’s European patent EP 3 109 056.

Barberan is grateful for the favorable court decisions on Hymmen’s unfounded infringement claims. At the same time, as mentioned above, Barberan has already developed a number of technologies for its present and future machines that make Barberan even more convinced that none of its machines infringe any third party rights.