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UPC CFI 9/2024

Jan 12, 2024·EP2186428 · Tissue design for protective clothing

Action number: ACT 953/2024

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Nordic-Baltic RD
Technology
  • Chemistry
    Surface technology, coating
  • Other fields
    Other consumer goods
Language
English
First decided
Oct 29, 2024
Last decision
Jul 31, 2025
EPO Opposition
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
Nordic-Baltic RDLockedLocked
Judge Stefan JohanssonLockedLocked
Judge Alima ZanaLockedLocked
Judge Kai HärmandLockedLocked
Judge Marie-Paule VandebergLockedLocked

At the UPC: TEXPORT Handelsgesellschaft mbH (4 cases)·Sioen NV (4 cases)

Decisions
  • 2025-07-31
    Infringement ActionPublic

    Summary: Decision by Nordic-Baltic Regional Division (UPC_CFI_9/2024, 31 July 2025) finding Sioen NV liable for infringement of EP 2 186 428 B2 (protective workwear / clothing) across 16 UPC member states. An injunction was granted, product recall and destruction ordered, information on sales required, damages declared owing, and EUR 50,000 awarded as interim legal costs. All other requests were dismissed.

    Show the legal issues (5)
    • Patent infringement (found)
    • Injunction, recall and destruction
    • Damages declaration
    • Interim cost award (EUR 50,000)
    • Protective workwear patent
  • 2024-10-29
    Infringement ActionPublic

    Summary: The Nordic-Baltic Regional Division issued a post-interim-conference order in infringement proceedings, setting the value of the action at EUR 500,000, closing the written procedure, partially referring a preliminary objection issue to main proceedings, and allowing certain expert evidence previously contested by the defendant.

    Show the legal issues (5)
    • Value of action (R.370.6 RoP)
    • Interim conference decisions
    • Preliminary objection referral to main proceedings
    • Admissibility of expert evidence
    • Parallel Belgian proceedings
Document titleDatePublic
CFI_9-2024 Decision anonymised2025-07-31Not public
DecisionOutcome2025-07-31Not public
Decision on the merits2025-07-31Not public
Decision on the merits2025-07-31Public
Recording document of oral hearing2025-02-19Not public
Recording document of oral hearing2025-02-19Not public
Preliminary_Objection_DecisionOutcome2024-12-20Not public
RoP 105.5 Order - Anonymized2024-12-12Not public
Interim-Procedure-Closure2024-12-10Not public
Summon-Oral-Hearing2024-12-10Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

TEXPORT Handelsgesellschaft mbH, an Austrian protective workwear company, sued Sioen NV (Belgian), a major workwear manufacturer, before the Nordic-Baltic Regional Division for infringement of EP 2 186 428 B2, a patent covering a specific tissue/fabric design for protective clothing including a waffle-structure knitted layer. The court found infringement across 16 UPC member states, granted an injunction, recall, destruction, information disclosure, and awarded EUR 50,000 as an interim costs order. Sioen's challenges to the admissibility of TEXPORT's expert evidence were dismissed.

Accepted arguments
What the court agreed with — by party.
  • Infringement of EP 2 186 428 B2 (protective workwear patent) by Sioen NV across 16 UPC member states

    ClaimantLegal basis: Art. 25 UPCA

    Note: Nordic-Baltic Regional Division found Sioen's products infringed TEXPORT's patent; injunction, recall, destruction, information disclosure and damages were granted.

  • Expert witness statements submitted by TEXPORT were admissible as justified reactions and replies to the Statement of Defence even though filed after initial pleadings

    ClaimantLegal basis: UPC Rules of Procedure on admissibility of evidence

    Note: Court allowed the written statements, including the corrected version, because the first statement apparently attached was the wrong version intended for Belgian proceedings and the second was filed almost immediately after the rejoinder highlighted the mistake.

Rejected arguments
What the court did not agree with — and why.
  • Exclusion of expert statements and associated claimant reasoning from proceedings

    RespondentLegal basis: UPC Rules of Procedure

    Reason: Defendant's requests to exclude the written statements were dismissed: the statements constituted a justified reply to the Statement of Defence, the fact that one statement was prepared for Belgian proceedings did not make it inadmissible, and the corrected second statement was filed almost immediately after the issue was raised.

Claim construction notes

Key disputed claim element was whether Sioen's products have a knitted layer/material constituting a 'waffle structure' within the meaning of EP 2 186 428 B2. The oral hearing was structured around this question; the court found the waffle structure feature was present in Sioen's products. The court also addressed whether Sioen's participation in a public tender (not granted) constituted an 'offering' or 'offer to supply' within the patent's territorial scope.