Kindermann repels Barco infringement claim over presentation systems

German company Kindermann, which sells media technology products, has concluded its dispute with Belgian rival Barco in the Netherlands over a patent for an electronic meeting tool. In July, The Hague Court of Appeal upheld a decision handed down by the District Court of The Hague in 2021 (case ID: C/09/549478) and ordered Barco to pay costs to Kindermann.

In the first instance, the court declared that Kindermann did not infringe Barco’s EP 2 576 668. Now the Court of Appeal has maintained the infringement decision, although it did not go to an oral hearing as Barco withdrew its claims on appeal in March 2023. Prior to the second decision, the European Patent Office’s Opposition Division nullified the patent. The Dutch part of EP 668 has also been declared invalid.

Kindermann and Barco present

The patent, which covers ‘Electronic tool and method for meetings’, pertains specifically to the meeting tool’s composition, which includes a connector, a transmitter, a programme which can be loaded onto a processing device for users, and an input device through which users can transfer media content (via a port) to the display. Barco markets the system, which applies the technology covered by EP 668, under the ‘ClickShare’ name.

Kindermann also markets and distributes its similar ‘Klick & Show’ product on the Dutch market. The product allows meeting attendees to share footage and information from their laptop with other participants on a central presentation screen in a meeting room.

The Kindermann product contains a base unit, a sensor button – which is a dongle used for extending or mirroring a desktop – and an app which allows iOS- or Android-powered smart devices to screen-share.

Barco had argued that Kindermann’s Klick & Show product infringes claims one, three, four, five, eight, nine, eleven, 13 and 16 of the patent. It also accused its rival of infringement on the basis of equivalence. However, Kindermann counteracted the claims, claiming EP 668 is invalid due to a lack of novelty and claim inventiveness. The company also argued that its Klick & Show product does not meet all the characteristics of claim one of the patent, meaning it does not infringe dependent claims eight or 16. Kindermann also argued that the ‘state of the art’ details the Klick & Show product technology.

Ruud van der Velden

Two wins for Kindermann

The District Court of The Hague heard Barco’s first-instance case against Kindermann in 2020, handing down its decision on non-infringement in May 2021. In January 2022, Barco filed its grounds of appeal, but in June 2022 the EPO’s Opposition Division revoked the patent.

Barco then requested the Court of Appeal stay proceedings, but the court rejected the motion, instead scheduling an oral hearing for March 2023.

However, early the same month, Barco informed the Court of Appeal that it would withdraw its grounds of appeal. The court thus upheld the first-instance decision and ordered Barco to pay Kindermann’s legal fees. Barco had also brought proceedings against another company, Delta, in 2020. In these proceedings, the District Court nullified the Dutch part of EP 668.

Parallel proceedings have also occurred in France and Germany. In September 2019, the Regional Court Düsseldorf ejected Barco’s claims that Kindermann’s ‘Klick & Show’ product infringes claims one, eight and 16 of the patent. JUVE Patent is unaware of the current status of the French claims.

Behind the screens

Maarten Rijks

In May 2018, Filmservice Mirus opposed the patent at the EPO, with Kindermann acting as an opponent alongside Delta Electronics. The Opposition Division then revoked it, although Barco has filed an appeal against the decision.

A team from the Dutch office of Hogan Lovells acts for Kindermann in the Netherlands, led by partner Ruud van der Velden. The firm has handled proceedings since 2018, when Barco first filed an infringement claim against Kindermann.

Würzburg-based patent attorney firm Pöhner Scharfenberger, which acts for the company in both German litigation and EPO opposition proceedings, introduced Ruud van der Velden to the client.

Belgium-based IP firm Kirkpatrick filed the patent for Barco at the EPO, while Taylor Wessing represents Barco in the litigation proceedings in the Netherlands. Partners Wim Maas and Maarten Rijks act for the client from the firm’s Eindhoven offices, with the company instructing Taylor Wessing since 2018.

Rien Broekstra of IP boutique Brinkhof acted for Delta in its dispute against Barco, also representing the company at the EPO.

For Barco
Taylor Wessing (Eindhoven): Maarten Rijks, Wim Maas (partners); associate: Ilse Werts

For Kindermann
Hogan Lovells (Amsterdam): Ruud van der Velden (partner); associates: Stefan Dusault, Charmayne Sijm

Court of Appeal The Hague, the Netherlands
Rian Kalden, Herman Speyart van Woerden, Anselm Kamperman Sanders