In a patent infringement case initiated by Oxeon, a pioneer in and a well-known manufacturer of spread tow woven fabrics (which are sold under the Textreme® brand), a German Court of Appeal (Oberlandesgericht München) recently ruled in favour of Oxeon.
The infringing product, a spread tow fabric, was produced by G. Angeloni S.r.l, Italy. The Oberlandesgericht München found the aforesaid product to be infringing the German part of European patent (EP 1 838 909 B1, “the Patent”). The Patent is owned by a company associated with Oxeon and Oxeon is the licensee of the Patent.
A German district court (Landgericht München) initially interpreted the Patent in a different way and ruled in favour of the defendant, G Angeloni S.r.l. However, on appeal by Oxeon the Oberlandesgericht München overruled the earlier judgment and instead ruled in favour of Oxeon.
G. Angeloni S.r.l. has decided not to appeal the judgment of the Oberlandesgericht München and the deadline for doing that has now passed. The patent infringement case initiated by Oxeon is therefore now ended. Oxeon is entitled to financial compensation for the infringement of the Patent as well as reimbursement of litigation costs. Further, according to the judgment of the Oberlandesgericht München, sales in Germany of the product (spread tow fabrics) which was found to infringe the Patent are prohibited.
Oxeon is the pioneer and leader of spread tow fabrics. Over the years Oxeon has consolidated its market and emerged as one of the leaders. Oxeon’s position as a successful company in spread tow fabrics is strengthened by a patent portfolio to which patents Oxeon is a license and which patents relate to both materials and methods of production. The favourable judgment from the Oberlandesgericht München strengthens and demonstrates Oxeon’s ability to take relevant steps to protect its intellectual property when necessary.