Belparts and Meissner Bolte defend crucial pressure valve technology

The Federal Patent Court has confirmed that the German component of EP 23 07 938, which is owned by Belgian company Belparts, is still valid, following the dismissal of a nullity suit brought by Swiss company Belimo Holding (case ID: 4 Ni 25/20).

EP 938 protects cutting-edge six-way pressure valves. Heating and cooling systems in high-rise buildings or hotels, for example, use the valves to ensure that heat and cold are evenly distributed, even on higher floors, by keeping the pressure steady.

An electronic control system not covered by the patent is closely related to the technology. This means that the overall system is often used in smart buildings.

Belparts finds EPO success

The European Patent Office Boards of Appeal had already upheld EP 938, with some restrictions, against an opposition by Belimo in 2019.

In response, in 2020 the Belgian heating and air conditioning tech manufacturer sued its competitor in the Regional Court Düsseldorf for patent infringement. Last November, the court found Belimo guilty of contributory patent infringement (case ID: 4b O 35/20). However, the ruling is not legally binding, as Belimo lodged an appeal with the Higher Regional Court Düsseldorf (I-15 U 67/21).

Belimo is yet to appeal against the Federal Patent Court’s most recent decision. It is highly likely to do so, given the tenacity of the two competitors in the international dispute.

1:1 between rivals

So far, things have not gone as well for Belparts in a second infringement case. In parallel proceedings, the Regional Court Düsseldorf dismissed an infringement suit based on European patent EP 27 06 425  in favour of Belimo (4b O 111/20). Belparts lodged an appeal (I-15 U 66/21). The court will hear both appeals on EP 425 and EP 938 in October.

Currently, the grant procedure remains underway for EP 425 at the EPO. This patent is part of the same technology, but covers three-way pressure valves. According to JUVE Patent information, most of the products are based on Belimo’s three-way pressure valves technology. Belimo, as well as Siemens, filed an opposition against the granting of the patent.

Roland Küppers

In the Netherlands, Belparts unsuccessfully tried to obtain a preliminary injunction against Belimo. The two rivals are also facing each other in the US, where Belparts again sued Belimo for patent infringement (District of Connecticut, case 3:21-cv-00334-SALM).

International alliance

Belparts struck the blow against Belimo in Germany with mixed firm Meissner Bolte. In addition to Meissner Bolte’s own patent attorneys, Belgian patent attorney Stephanie Sarlet from Pitch Patents worked alongside the firm’s litigators.

Both firms have worked for the client previously in a different setup. Sarlet worked for Dutch firm NLO until February, with NLO and Meissner Bolte collaborating in various cases. Full service firm Wiggin and Dana is running the US proceedings. In the Netherlands, Brinkhof conducted the PI suit against Belimo.

Amsterdam IP boutique Vondst defended the Swiss company against Belparts’ urgent motion. In Germany, Taylor Wessing is active for Belimo. A Düsseldorf team led by Roland Küppers is coordinating the defence of the international suits, in cooperation with the Swiss patent attorneys from Rentsch Partner AG. The Swiss patent firm has the main contact to Belimo, also conducting most of the coordination work.

Florian Henke

Düsseldorf-based patent attorneys from Keenway are conducting the nullity suits in Germany.

For Belparts
Meissner Bolte (Munich): Tobias Wuttke, Florian Henke (patent attorney), associate: Markus Morgenroth

For Belimo
Keenway (Düsseldorf): Christian Heine, Jens Schwenderling (both patent attorneys)
Taylor Wessing (Düsseldorf): Roland Küppers (lead), Alexander Rubusch; associate: Eugen Reismann
In-house (Zurich): Marc Thuillard (head of IP), Peter Langenstein

German Federal Patent Court, 4^th nullity board
Kathrin Grote-Bittner (presiding judge)