Bittersweet win for inventor against Aldi at Regional Court Düsseldorf

The dispute centres on German patent DE 10 2017 008 892.6, which protects a stack securing device for transport trucks. This device secures CC containers, commonly used in the wholesale plant trade, when stacked. Inventor Uwe Dominik has protected this and similar devices with German and European patents.

CC containers are steel trolleys used to transport and display flowers and plants. Flower wholesalers use them to supply retail customers, including discounters such as Aldi. The trolleys are often stacked for transport in lorries. The plastic device developed by Dominik connects the metal struts at the corners of the roll containers when stacked. Without it, accidents can occur during transport.

Supplier joins proceedings

The patent holder accuses Aldi Nord of infringement because the company’s flowers and plants are delivered in these CC containers. The discounter brought its suppliers Landgard and Ovibell into the proceedings as third parties. However, only Landgard, one of Germany’s largest producer cooperatives for flowers, plants, fruit and vegetables, joined as an intervener.

According to Patent Chamber 4b at the Regional Court of Düsseldorf, the patent has been infringed (case ID: 4b O 22/24). However, the court conceded that Aldi Nord could not have known about possible infringement until 2023 at the earliest, when Dominik informed the discounter. The infringement therefore does not date back to 2019, as claimed by the patent holder. This period is important for calculating potential damages.

Damages not based on turnover

The court also rejected the plaintiff’s claim to calculate damages based on Aldi Nord’s plant sales during the period. Presiding judge Schröder, who took over following Daniel Voß’s departure, sees no causality between plant sales and the infringed patent. The judges argued that, after all, the plants would have been delivered and sold even without the stacking sleeves.

Another challenge in calculating damages is likely to be that CC containers rotate between many companies in a reusable pool. This may make it difficult to trace where patent-infringing products originated in the supply chain and who bears liability for the resulting damage.

In parallel opposition proceedings, the Federal Patent Court upheld the patent in amended form (case ID: 9W (pat) 7/24). Besides DE 892, Dominik also holds a European patent for the invention. In mid-March, the EPO Opposition Division upheld EP 3 470 298 in amended form. Landgard and Dutch roll container manufacturer Bunnik had filed the oppositions.

Regional power

All parties relied on representatives from North Rhine-Westphalia.

Krieger Mes represented inventor and plaintiff Dominik in the infringement proceedings. The Düsseldorf IP boutique regularly handles mechanical patent disputes. It was retained through litigator Gereon Rother’s long-standing contact with patent attorney Harald Busse from Rheine, who filed the original patent application.

Patent attorney Claus Kastell from Düren near Aachen represented the patent owner in the German and EPO opposition proceedings. He also provided technical advice for the infringement proceedings.

Main defendant Aldi Nord relied on its go-to advisors at Essen law firm Schmidt, von der Osten & Huber. Their litigators Notker Lützenrath and Martin Minkner advise on IP, primarily trademark and competition law. The firm is not known for patent litigation.

Intervener Landgard however, relied on a major international firm known for its renowned patent litigation team. Düsseldorf partner Roland Küppers of Taylor Wessing led the case, assisted in technical questions by patent attorney Constantin Rühland, partner at Cologne firm Dompatent von Kreisler Selting Werner. Rühland also handled the German and EPO oppositions.

Ovibell, which received notice but did not join proceedings, used Kather Augenstein. Litigator Miriam Kiefer was instructed by patent attorney Jan Gottschald, whose firm provides Ovibell with comprehensive filing and prosecution support, including EPO oppositions.