Heuking Kühn Lüer Wojtek's patent law team led by Düsseldorf-based partner Dr. Anton Horn successfully advised and represented Wegold Edelmetalle GmbH in enforcing a patent against several imitators. The company's patented silver dental alloy (EP 1 432 381 B1/DE 602 15 369) is characterized by specific mechanical properties such as high stability and ceramic bonding ability, as well as its versatility, especially in the field of veneering.
Heuking Kühn Lüer Wojtek successfully enforced this patent against several imitators. In addition to numerous licensing contracts, a total of three trials were held before Düsseldorf Regional Court. Two of them ended in settlement agreements before the hearing. In all cases, compensation for damages was paid retroactively for the infringing acts. For the future, either license contracts against payment were entered into or cease and desist declarations with penalty clause were filed.
In one of the cases, no amicable agreement could be reached. By judgment of November 5, 2013, Düsseldorf Regional Court found in favor of the patent infringement complaint (Case: 4a O 8/13; opposing party: Oridima-Dentalinstrumente GmbH & Co. KG). The judgment is not yet legally effective. The patent holder will consistently enforce its patent in the future as well and will continue to proceed against imitators.
Counsel to Wegold Edelmetalle GmbH
Heuking Kühn Lüer Wojtek, Düsseldorf:
Dr. Anton Horn, Dr. Sabine Dethof, Birthe Struck, LL.M.
Stork Bamberger, Hamburg:
Dipl.-Chem. Ute Stork, Patent attorney