According to the press release of the OLG Dusseldorf shown below the competition capsules for Nespresso machines are for 0,29 Cent (instead 0,39 Cent) no patent infringement, because the capsules are not covered by patent protection and the coffee machine patent is not infringed by the mere capsules:
In two patent infringement litigation to the distribution of "NoName" coffee capsules for the Nespresso coffee machine, negotiated 2. Civil Division of the High Court on 21.02.2013.
Die Firma Nestec S. A., Vevey (Switzerland), is used for the owner of a Nespresso coffee machine patent. She has awarded licenses to various companies, produce the coffee machine models and the original capsules.
Drive the two defendant Swiss companies – without being licensed by the applicant concerning – Coffee capsules for the Nespresso coffee machines. The defendants have the capsules for the price of 0,29 € per capsule and thus 6 – 10 Cents less than the original capsules at.
The applicant had resisted the sales and argued before the District Court of Dusseldorf, that the two competing companies violate their patent. The District Court of Dusseldorf had on 16.08.2012 decided, that no infringement of the two companies is given (CERTIFICATE 4b O 81/12 4b and O 82/12). The coffee machine should be used with external capsules and therefore also distributed such foreign capsules by the defendant. The inventive, proprietary power is the technology of the coffee machine, but not the structure of the coffee capsules. The capsules are not integral part of the inventive concept.
Aktenzeichen des Oberlandesgerichts: I-2 In 72/12 und I-2 U 73/12
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