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Strix Limited assisted by Thomas Kudlek, patent attorney and partner with m patent group, has brought legal proceedings against DS Produkte GmbH at the District Court Frankfurt to establish that popular colour-change Chameleon water kettles distributed by DS Produkte infringe the German part of Strix's European Patent EP 0 764 388 with respect to the overheating control unit installed in the water kettle.

The defendant did not deny that the kettles in question fell within the scope of the protection of the patent but argued that the Chinese manufacturer of the overheating controls owns a worldwide unlimited license in regard to the Patent granted by the plaintiff.

Frankfurt District Court followed the arguments of the plaintiff, that the agreement with the Chinese manufacturer comprises only a settlement for the local Chinese market and not an unlimited worldwide license, a
nd judged in favour of Strix, ordering the defendant to cease and desist distributing the kettle in question, provide information, surrender and pay damages and reimbursement of the pre-trial costs of the legal action.

The defendant has filed an appeal.

Author: Thomas Kudlek
Practice Area: Litigation & Arbitration