Overview · Filed: Jan 26, 2024
UPC_CFI_33/2024
COLOR-MIXING CONVERGENT OPTICAL SYSTEM
InfringementMain Infringement ActionVienna LDInfringementCase Closed
Parties
Claimants
- SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H.
Reps: Alexander Koller (NOMOS Rechtsanwälte GmbH)
Respondents
- STRABAG Infrastructure & Safety Solutions GmbH
Reps: Rainer Beetz (SONN Patentanwälte)
Judges
- Walter Schober
- Mojca Mlakar
- Andras Kupecz
- Uwe Schwengelbeck
Patents
- EP2643717
- EP 2 643 717
CPC codes: G02B6/0005, G02B6/0006, F21W2103/60, G02B6/005, G02B6/0068, G09F9/305, G02B6/4298, G02B6/32
Technology area: Measurement & Instrumentation · Sensors
Sector: Display & Signage
Outcome
InfringedInfringed
Filed: Jan 26, 2024
First decided: Jan 16, 2025
Language: German
Vienna Local Division found that Strabag Infrastructure & Safety Solutions GmbH infringed SWARCO FUTURIT's European Patent EP 2 643 717. The Court granted an injunction, recall of infringing products from distribution channels, provision of information and destruction of infringing products. Damages were referred to a separate assessment procedure. A validity defence was not considered as no counterclaim for revocation was filed. SWARCO's request to publish the judgment was rejected; Strabag and the intervener were ordered to bear costs.
Open on UPC RegistryClaims
At issueall
Infringedall
Notes: Vienna LD found infringement of EP2643717 (color-mixing optical system) by Strabag; no counterclaim for revocation was filed so validity was not examined; specific claim numbers not enumerated in excerpt.