Paris local division revokes Bostik’s cold-seal packaging patent in Henkel dispute

US adhesives manufacturer Bostik is the owner of EP 1 725 627, protecting a water-based cold-seal cohesive coating for flexible food packaging. It is designed to withstand modern high-temperature converting processes above 127°C without losing seal integrity.

Bostik, a subsidiary of French specialty materials group Arkema, had sued Henkel in July 2025 before the Paris local division, alleging that two products from Henkel’s Loctite Liofol range — namely CS 7300-21 and CS 22-861 — infringed EP 627. The patent expired in February 2025, but Bostik had pursued damages for past infringement.

Bostik targeted Henkel’s French entities as well as the German parent company and its Dutch and Italian subsidiaries. The claimant sought damages of €9 million plus information disclosure covering alleged infringing acts in France, Germany, Italy, the Netherlands, Spain, and the UK. Shortly before the oral hearing, Bostik withdrew its claims regarding two further Loctite products, CS 7500-22 and CS 7416.

Henkel countered with a revocation action, challenging EP 627 on grounds of added matter, insufficient disclosure, lack of novelty, and lack of inventive step.

Added matter proves decisive

The panel, chaired by Camille Lignières and comprising judge-rapporteur Carine Gillet, legally qualified judge Maximillian Haedicke and technically qualified judge Rudi Goedeweck, focused on the added matter objection and revoked the patent in its entirety (case IDs: UPC_CFI_583/2025 and UPC_CFI_1435/2025).

The judges also rejected Bostik’s three auxiliary requests, holding that the proposed amendments concerned the composition of the coating and did not address the added matter deficiency. Given the finding on added matter, the panel did not rule on Henkel’s further validity attacks.

Notably, the European Patent Office had previously upheld EP 627. The Opposition Division upheld the patent in November 2017, and the Boards of Appeal maintained it as granted in March 2022, having earlier declined to consider the added matter objection as late-filed and not prima facie relevant.

Bostik may appeal, but it is not yet known if the US company will do so.

Long-standing relationship

A Paris-based team from Linklaters represented Bostik, led by partner Gaëlle Bourout. Associate Marion Delvallet also worked on the case. Patent attorneys Islem Belaid and Véronique Crest of French patent attorney firm Bandpay & Greuter advised on the technical side of the proceedings.

Marcus Grosch

Henkel relied on Quinn Emanuel Urquhart & Sullivan with Munich-based partner Marcus Grosch in the lead, who has a long-standing relationship with the German company. This was the first time he represented Henkel in patent litigation.

The team included counsels Marlen Yan and Holger Hiss as well as associates Mark Weiand, Lea Mielentz, and Athanasios Vrontos. As usual with Quinn Emanuel, the firm argued the legal as well as the technical side of the proceedings.