ACT_576606/2023

Mill for comminuting of material

InfringementMain Infringement ActionMannheim LDInfringement Action—

Overview Decisions Reasoning Documents Timeline

Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.

Plain-English summary

Rematec brought an infringement action against Europe Forestry B.V. regarding its wood/biomass shredder patent EP 2 548 648. The Mannheim Local Division found the patent invalid for lack of inventive step over D3 (which prompted the skilled person to address cutting element orientation) combined with D9 (which showed 45-degree oblique ribs in fibrous wood grinding), and revoked it across 13 UPC member states. The infringement action was dismissed as a consequence and Rematec was ordered to bear 75% of costs.

Accepted arguments

What the court agreed with — by party.

EP 2 548 648 lacks inventive step over D3 combined with D9 for the shredder tooth/cutting element orientation feature (Merkmal 1m)
RespondentLegal basis: Art. 56 EPC
Note: The Mannheim Local Division found that D3 taught the skilled person that the choice and arrangement of tearing/cutting elements must be coordinated, prompting the skilled person to consult D9, which showed oblique ribs at approximately 45 degrees to the circumferential direction of the rotor in fibrous wood material grinding, corresponding to feature 1m.

Rejected arguments

What the court did not agree with — and why.

Patent EP 2 548 648 is valid and infringement claims should be upheld
ClaimantLegal basis: Art. 56 EPC
Reason: The patent was found invalid for lack of inventive step and revoked in its entirety; infringement action was dismissed as a consequence.

Key legal principles

Doctrines and rules cited in the reasoning.

problem-solution approach for inventive step motivation to combine prior art references revocation of patent defeats pending infringement action

Browse other cases on this principle.

Prior art relied on

References cited and the role they played.

D3 (unspecified publication, shredder/mill technology)Obviousness combination
D9 (unspecified publication, fibrous wood material grinding with oblique ribs/strips)Obviousness combination

Claim construction notes

The court analysed feature 1m of EP 2 548 648 (mill for comminuting material, particularly biomass/wood), which concerns the angular arrangement of tearing and/or cutting elements at the inner wall of the grinding chamber relative to the circumferential direction of the rotor. The court found that D9 discloses oblique strips/ribs at approximately 45 degrees in a fibrous wood material grinder, corresponding to feature 1m.