Heuking Kühn Lüer Wojtek’s patent law team successfully enforced a patent of Danish-based EnerDry A/S against its German competitor, BMA Braunschweigische Maschinenbauanstalt AG. On May 3, 2016, the Regional Court of Düsseldorf ruled that BMA had infringed the German part of patent EP 1 070 223.
The patent relates to steam drying equipment for biomass drying. After use for sugar production, sugar beet pulp is dried and can subsequently be used as fodder for cattle, or as combustible for the production of energy. Drying by means of superheated steam saves energy compared to conventional drying methods. Steam drying equipment, which may be up to 20 meters high, play an increasing role in the use of renewable raw materials worldwide.
EnerDry A/S is a leading developer and manufacturer of steam driers. The patented invention includes a cyclone with openings in the upper part, an improvement over steam driers with conventional cyclones. EnerDry A/S claimed that its competitor had infringed its patent. The Regional Court of Düsseldorf now found in favor of EnerDry A/S and stated that the action for annulment filed by BMA at the Federal Patent Court would in reasonable likelihood not succeed.
The judgment of the Regional Court of Düsseldorf is not yet final. The BMA appelead. Also the decision of the Federal Patents Court on the action for annulment brought by BMA is still pending. (last update July 7, 2016)
Counsel to EnerDry A/S, Denmark
Heuking Kühn Lüer Wojtek:
Dr. Anton Horn,
Birthe Struck, LL.M., (both Patent Law), both Düsseldorf
In Heuking Kühn Lüer Wojtek’s nationwide Practice Group IP, Media & Technology, more than 30 lawyers cover the entire range of IP law. A team of five lawyers specializes in patent law.