Ranpak and Bardehle Pagenberg sue Storopack at Munich Regional Court

Previously, the Higher Regional Court Karlsruhe had issued verdicts in two separate infringement actions filed by Ranpak over EP 07 76 760 B2, which expired in July 2015. Thus, the dispute against Storopack Hans Reichenecker GmbH, as well as the more recent second dispute against Storopack GmbH & Co. KG, are essentially about damages.

Storopack achieves appeal

In 2021, the Higher Regional Court Karlsruhe found Storopack Hans Reichenecker GmbH had infringed EP 760 B2, with the court not allowing an appeal. The German company turned to the Federal Court of Justice, which then allowed the appeal concerning the scope of the duty to provide information. It will hold a hearing in November (case ID: X ZR 30/21).

In parallel, in 2019 Ranpak also sued Storopack GmbH & Co. KG for infringement of EP 760 B2. The dispute took a similar course to the first proceedings against Storopack Hans Reichenecker GmbH: in 2021, Mannheim Regional Court found Storopack GmbH & Co. KG had also infringed the patent.

Storopack appealed the decision, but last February the Higher Regional Court Karlsruhe confirmed the infringement ruling. However, in contrast to the decision in the case against Storopack Hans Reichenecker GmbH, the court allowed Storopack GmbH & Co. KG to appeal concerning the duty to provide information (case ID: X ZR 29/23).

Ranpak takes action

Both proceedings before the Federal Court of Justice now focus on the question of providing information and the rendering of accounts for consumables and maintenance contracts by Storopack. This includes the question of whether the scope of the duty to provide information extends beyond the patent’s expiry. The Munich Regional Court must seperately clarify the amount of damages.

The Federal Court of Justice confirmed the validity of EP 760 B2 back in 2019. Nevertheless, Storopack GmbH & Co. KG filed another nullity suit against the patent at the Federal Patent Court, which has not yet been decided (case ID: 8 Ni 14/23).

Storopack has confirmed that Ranpak is taking action. A Hoyng ROKH Monegier team, led by Mirko Weinert and supported by Dreiss Patentanwälte, represents the company. Both law firms had already assisted the German company in the infringement actions at Mannheim Regional Court. Ranpak relies on a mixed team from Bardehle Pagenberg, led by Tilman Müller-Stoy and patent attorney Joachim Mader.

For more information on the teams representing the parties, read JUVE Patent’s previous article: ‘Ranpak and Bardehle victorious in paper cushioning system dispute.’