Düsseldorf District Court confirms HARTING legal position

The German Patent and Trade Mark Office (DPMA) confirmed the legality of the contested HARTING patent in May 2019. Following an opposition by a German competitor against the contested HARTING patent, the DPMA upheld the patent with minor limitations and otherwise rejected the opposition. But the competitor continued to sell the products in question all the same.

The preliminary injunction gave HARTING the opportunity to protect its rights ahead of a decision in the main proceedings. Preliminary injunction proceedings are particularly common in cases of patent law. “We were compelled to act after the competitor failed to respect the decision of the DPMA,”continued Philip Harting.

HARTING therefore applied for a court decision in summary proceedings. The ruling handed down by Düsseldorf District Court on 5 September followed a hearing in August 2019. “When it’s a matter of our intellectual property, a vital interest of the HARTING Technology Group, we seek legal assistance throughout the world to protect our rights – whether it’s in China, Europe or Germany,” said Philip Harting.

“The ruling of 5 September is a very positive signal for possible further legal proceedings.” HARTING had already sued the German competitor for infringement against other proprietary rights in the same patent family in October 2018.

Today’s decision is not yet final. The competitor can appeal against the decision. “We are delighted that the latest decision by Düsseldorf District Court has upheld our legal action against a serious patent infringement,” stated Philip Harting, CEO of the HARTING Technology Group.