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UPC CFI 455/2024

Jul 31, 2024·EP1651838 · GLAZING SYSTEM

Action number: ACT 44624/2024

Case details
Status
Case Closed (No infringement)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
  • Michiel Rijsdijk
  • M.j. Bosma
  • M.h. Luten
  • D.e. Colenbrander
Division
The Hague LD
Technology
  • Other fields
    Civil engineering
Language
English
First decided
Aug 29, 2025
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
The Hague LDLockedLocked
Judge Edger BrinkmanLockedLocked
Judge Margot KokkeLockedLocked
Judge Stefan JohanssonLockedLocked
Judge Paolo CrippaLockedLocked

At the UPC: CITY GLASS AND GLAZING PRIVATE LIMITED (3 cases)·MAARS HOLDING B.V. (3 cases)

Decisions
  • 2025-08-29
    Infringement ActionPublic

    Summary: The Local Division The Hague found that Maars' Horizon Products did not infringe City Glass's expired EP 1 651 838 (glazing system patent) because a key feature of the sole claim (feature 1.6 – self-locking mechanism) was not met; the revocation counterclaim was dismissed as the patent was held valid. Costs were agreed between the parties.

    Show the legal issues (5)
    • Patent infringement – claim feature analysis
    • Expired patent
    • Validity – counterclaim for revocation dismissed
    • Self-locking glazing system
    • Agreed costs settlement
Document titleDatePublic
Receipt2025-12-19Not public
Cover sheet2025-12-19Not public
Application document Claimant2025-12-18Not public
Communication2025-12-17Not public
Cover sheet2025-12-17Not public
Application document Defendant2025-12-17Not public
Receipt2025-12-17Not public
Headnote-and-Keywords2025-08-29Not public
DecisionOutcome2025-08-29Not public
decision on the merits2025-08-29Public
Plain-English summary

City Glass and Glazing Private Limited (a small Indian company) sued Maars Holding and related Dutch/French entities before the Local Division The Hague for infringement of expired EP 1 651 838 (glazing system patent) by Maars' Horizon Products. The court found no infringement because feature 1.6 of the sole claim — the self-locking mechanism — was not met by the Horizon Products' design, which prevents further movement once assembled. The patent itself was held valid, dismissing Maars' revocation counterclaim. Costs were awarded to Maars, reduced by 50% because Maars lost the counterclaim.

Accepted arguments
What the court agreed with — by party.
  • Feature 1.6 (self-locking mechanism) of the sole claim of EP 1 651 838 is not met by Maars' Horizon Products because, once assembled, further movement and tightening of the self-locking system is prevented by the counter-clock nose

    RespondentLegal basis: Art. 69 EPC and Protocol on Interpretation

    Note: Court accepted Maars' non-infringement analysis on the key distinguishing feature; City Glass had also not argued infringement by equivalence for this feature.

  • Patent EP 1 651 838 is valid (resisting revocation counterclaim)

    Claimant

    Note: Court upheld the patent as valid, dismissing Maars' revocation counterclaim.

Rejected arguments
What the court did not agree with — and why.
  • Direct infringement of EP 1 651 838 (glazing system patent) by Maars' Horizon Products

    ClaimantLegal basis: Art. 69 EPC and Protocol on Interpretation

    Reason: Feature 1.6 (self-locking mechanism enabling ongoing tightening) was not met; once assembled, the Horizon Product's lower nose prevents further movement and tightening. City Glass did not argue infringement by equivalence for this feature.

  • Revocation of EP 1 651 838 (counterclaim for revocation by Maars)

    Respondent

    Reason: Dismissed; patent held valid on all challenged grounds.

Claim construction notes

EP 1 651 838 has a single claim covering a glazing system with two aluminium profiles (male and female) forming a self-locking mechanism. Feature 1.6, the self-locking element, was the key disputed feature. The court construed this feature as requiring the ability to apply ongoing tightening/locking after assembly. In the Horizon Products, once assembled, the lower nose (counter-clock) prevents further movement and tightening, so feature 1.6 is not met. City Glass did not advance a doctrine of equivalents argument for this feature.