UPC_CFI_386/2024

The Hague Local Division found HL Display's European Patent EP 2 432 351 B1 (shelf divider system) valid and infringed (including indirect infringement) by Black Sheep Retail Products. The Court granted an injunction, ordered BSRP to cease infringing activities across all territories where the patent is in force. A counterclaim for declaration of non-infringement regarding a revised product was declared inadmissible. Long-arm jurisdiction was established for sales outside the Netherlands.

The Hague Local Division dismissed Black Sheep Retail Products B.V.'s application to submit two physical objects (its old product and a new product) as exhibits in support of its rejoinder in infringement proceedings brought by HL Display AB concerning EP 2 432 351. The court found no explanation had been provided for why the objects could not have been filed earlier, notably with the Statement of Defence.