Kinexon challenges Ballinno’s offside patent with help from Bardehle

Ballinno’s EP 1 944 067 covers a “method and system for detecting an offside situation”. The technology analyses an audio signal to determine when a player kicks the ball, which a referee can then use to ascertain if another player was offside at that moment. Thus, EP 067 is an extension of the video assistant referee (VAR), albeit with its technology specifically applied to the offside rule.

Ballinno filed a lawsuit against Kinexon just two month before the start of the 2024 European Championships in Germany. The aim was to prevent the use of VAR technology at Euro 2024. However, it did not go as Ballinno had hoped. Beginning of June 2024, the local division Hamburg rejected the company’s PI application and VAR technology was used during the tournament. Ballinno then sought damages and lodged an appeal.

Ballinno’s chances dwindling

Meanwhile, Kinexon had initiated revocation proceedings at the Paris central division under presiding judge François Thomas. The panel, which also included judge-rapporteur Maximilian Haedicke and technically qualified judge Gérard Myon, has now revoked EP 067 with effect for Germany and the Netherlands (case ID: UPC CFI 230 /2024). Overall, the patent lacks inventive step. Ballinno is now considering whether to challenge the decision.

Just two months ago, the UPC Court of Appeal dealt with Ballinno’s appeal in the PI proceedings (case ID: UPC_CoA_328/2024). The ruling of the second panel under the leadership of Rian Kalden is expected any time. However, it is now questionable whether the judges will first wait to see if Ballinno challenges the central division’s revocation decision.

If Ballinno does not appeal the revocation, there would be no grounds for the PI. However, the judges may also decide to reject the PI appeal for other reasons.

Continuity on the advisory side

UEFA and Kinexon are relying on a mixed team from Bardehle Pagenberg. Partner Tilman Müller-Stoy is leading the proceedings. Patent attorneys Christian Haupt and Marius Fischer as well as lawyer Stefan Lieck are on the team.

For Ballinno, Dutch firm Brinkhof and German firm Vossius & Partner have teamed up under their Vossius & Brinkhof UPC Litigators brand. Brinkhof partner Rien Broekstra is leading the proceedings. The team also includes Vossius associate Eveline Lots and Brinkhof associate Maarten Groeneveld.