Brødrene Hartmann’ imagic® patent dispute

Heuking Kühn Lüer Wojtek, COHAUSZ & FLORACK and Budde Schou advised Brødrene Hartmann on the case

On December 18, 2018 the German Federal Court of Justice decided on the validity of a patent relating to a product design of egg packages with a particular combination of major planar surfaces, egg-shaped areas and supporting ribs. The Federal Court of Justice ruled that the German part of the European patent EP 1 373 100 B1 is valid if its claim 1 is combined with the granted claims 29 and 30, which relate to a specific pattern of supporting ribs. The owner of this patent is the Danish company Brødrene Hartmann, which is a leader in moulded fibre packaging solutions for eggs and fruit. The patent corresponds to Hartmann’s imagic® egg packages.

With its decision, the Federal Court of Justice reversed a first instance decision of the Federal Patent Court dated January 31, 2017. The decision is final and non-appealable. The claimant of first instance, and defendant in the appeal proceedings, was the company Omni-Pac Ekco GmbH Verpackungsmittel.

Brødrene Hartmann was represented by lawyers of the German law firm Heuking Kühn Lüer Wojtek, in collaboration with patent attorneys of the firms Cohausz & Florack (Germany) and Budde Schou A/S (Denmark).

Heuking Kühn Lüer Wojtek advised Brødrene Hartmann with Anton Horn (Picture) and Birthe Struck.

COHAUSZ & FLORACK advised Brødrene Hartmann with Andreas Thielmann.

Budde Schou advised Brødrene Hartmann with Jan Sørensen.

Involved fees earner: Jan Sørensen – Budde Schou A/S; Andreas Thielmann – Cohausz & Florack; Anton Horn – Heuking Kühn Lüer Wojtek; Birthe Struck – Heuking Kühn Lüer Wojtek;

Law Firms: Budde Schou A/S; Cohausz & Florack; Heuking Kühn Lüer Wojtek;

Clients: Brødrene Hartmann ;

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