BDMOs DOUBLE PUSH TRAY WINS A DOUBLE IN THE ENGLISH COURTS

BDMO and MIP DEFEAT POZZOLI IN THE COURT OF APPEAL IN LONDON

On 22 June 2007, the Court of Appeal in London upheld the decision of the Patents Court, a specialist division of the High Court in London, given in London almost exactly one year ago, and delivered judgment in favour of BDMO S.A. (BDMO) and Moulage Industriel de Perseigne S.A. (MIP) and ordered costs against POZZOLI S.p.A.

BDMO and MIP had refused to accept the much publicised claims of POZZOLI in the marketplace that the Double Push Tray product of BDMO infringed POZZOLI’s European patent EP (UK) 0 676 763 for packaging for multiple discs.

The Court of Appeal, in its judgment, agreed with BDMO and MIP and found that BDMO’s Double Push Tray did not infringe the POZZOLI patent. The Court also held that the POZZOLI patent was invalid. This decision follows two years of litigation and five days of hearing in court in London during which witnesses and experts for both sides were thoroughly cross-examined.

Also, in France, in proceedings brought by POZZOLI alleging infringement of the POZZOLI patent, the Tribunal de Grande Instance de Rennes has found in favour of BDMO and MIP and has ruled that the patent is invalid. This decision has been appealed from by POZZOLI.

In Germany, the 4a Patent Division of the District Court [Landgericht] of Düsseldorf found the POZZOLI patent to be infringed in a first round of litigation brought against NICKERT GmbH, one of MIP’s German customers. This case is currently under review before the Appeals Court of Düsseldorf, which will hear the matter on August 16, 2007. In another matter brought by POZZOLI against BDMO and MIP, the 4b Patent Division of the District Court [Landgericht] of Düsseldorf will render a decision on September 21, 2007, at which time the opinion of the Appeals Court of Düsseldorf in the NICKERT case will also be known.

Geert CASSELMAN, Managing Director of BDMO, comments:

“We are delighted at the convincing outcome of the English proceedings which follows a thorough examination of the evidence and cross examination of the respective experts for the parties. This judgment makes us optimistic about the final outcome of the parallel patent procedures in France and Germany. This judgment also vindicates the decision of BDMO to defend this claim, which it always believed to be ill-founded, and not to give in to the huge commercial pressures in the marketplace to compromise.”

BDMO S.A. is a specialised manufacturer of sophisticated packaging for the Home Entertainment industry and has as well a very strong standing in the business of manufacturing rigid boxes as the supplier of a good number of further industries, like, e.g., the famous Belgian chocolate manufactories and the beverage industry among others. Many Blue Chip companies and other customers in Europe are belonging to the customer portfolio of the BDMO S.A., which counts therefore among the leading European companies of its kind.

BDMO S.A. produces presently at two premises, one in Meulebeke, Belgium, the other in Le Mans, France. The high force of innovation for upgraded packaging solutions signifies BDMO S.A. adding value to products, which is decisive for purchase decisions.

The BDMO S.A. has started a strong policy of expansion to highlight its leading position even stronger in the next future.

www.bdmo.com

BDMO
Geert Casselman
Nijverheidstraat 11
8760 Meulebeke
Belgium
Ph: +32-(0)51 48 08 11
Fax: +32-(0)51 48 65 40
Email: g.casselman@bdmo.com
www.bdmo.com

This release was published on openPR.