Ballinno has filed a PI based on patent infringement against Uefa over the unauthorised use of its technology in video-assistant referee (VAR) decisions. With the Euros set to begin in Germany in June and Europe's domestic seasons drawing to a close, the topic of VAR is contentious among football fans, players – and now patent lawyers.
26 April 2024 by Amy Sandys
Dutch company Ballinno has filed a claim for patent infringement against joint defendants the Union of European Football Associations (Uefa) and Kinexon. The latter is a software and hardware company based in Munich (case no: ACT_16267/2024). Ballinno also seeks for the court to enforce a preliminary injunction against the defendants.
EP 1 944 067, which is owned by Ballinno, covers a ‘method and system for detecting an offside situation’. The technology analyses an audio signal to determine the moment a player kicks the ball, which a referee can then use to determine if another player was offside at the moment the ball was kicked. Thus, EP 067 is an extension of VAR, albeit with its technology specifically applied to the offside rule. Offside is committed when a player receives the ball beyond the second-to-last player in the opposition half.
While the case was only filed on 18 April, it is likely that proceedings will take place in the coming weeks. Between 14 June and 14 July 2024, various cities in Germany will host Uefa’s four-yearly Euros football tournament. The first match will take place in Munich, while capital city Berlin will host the final. In 2021, various European nations hosted the tournament, with the final between England and Italy played in Porto.
German firm Vossius & Partner and Dutch firm Brinkhof have once again teamed up under their Vossius & Brinkhof UPC Litigators brand. In September 2022, the two firms announced the launch of the brand, which bundles all UPC-related client advisory activities under ‘Vossius & Brinkhof UPC Litigators’. However, the two remain independent law firms in every other respect.
Rien Broekstra, partner at Brinkhof in Amsterdam, is currently leading proceedings. Uefa, which is based in Nyon, Switzerland, has retained a German team from international firm Bird & Bird. Munich-based partner Christopher Maierhöfer leads proceedings. JUVE Patent will supply more information on the teams shortly.
For Ballinno
Vossius & Brinkhof UPC Litigators (Amsterdam/Munich/Düsseldorf): Rien Broekstra (partner)
For Uefa
Bird & Bird (Munich): Christopher Maierhöfer (partner)
Unified Patent Court, Hamburg local division
Sabine Klepsch (presiding judge), Stefan Schilling