02.03.2018

fischerwerke and their legal counsels of KLAKA and Weickmann & Weickmann successful against Ejot in patent litigation regarding dowels for insulating plates


Düsseldorf, 27 Feb. 2018: fischerwerke GmbH & Co. KG having their seat in Waldachtal do not infringe the patents of Ejot GmbH & Co KGH relating to dowels for mounting insulating plates. This is what the Higher Regional Court of Düsseldorf ruled in two judgments promulgated on 22 February 2018 (case no.: I-2 U 21/17 (EP 1 870 533 B1) and case no.: I-2 U 20/17 (EP 2 295 672 B1)). A right to further appeal was not granted.

Ejot had sued fischerwerke because of an alleged patent infringement regarding a method, in which supports for insulating plates – in particular dowels for fastening insulating plates made of polystyrene, for instance, to external facades on houses – are inserted into a recess. The supports for the insulating plates comprise an extensive pressing plate, with which they support the polystyrene plates. In order to avoid thermal bridges and achieve smooth surfaces, it is advantageous to place the dowels into a recess and insert an insulation cap in said recess.


fischer Schraubdübel termoz CS 8/250

It was questionable whether the contested support for insulation plates of fischerwerke comprise cutting devices for producing the recess in the insulation. Ejot is the holder of patents relating to such mounting methods with integrated cutting means. While Ejot won the dispute in the first instance, the Higher Regional Court of Düsseldorf dismissed the action in its entirety. The judges of the Patent Division opined that the contested insulation supports of fischerwerke did not contain any cutting means according to the patent.

fischerwerke GmbH & Co. KG was represented in these proceedings by Dr. Constantin Kurtz, partner of the law office KLAKA Rechtsanwälte as well as patent attorney Dr. Markus Herzog, partner of Weickmann & Weickmann. Johannes Heselberger and Martin Hohgardt of Bardehle Pagenberg acted as legal counsels for Ejot GmbH & Co KGH. Dr. Constantin Kurtz and Dr. Markus Herzog have been representing fischerwerke jointly for many years in patent litigation in Germany.

The fischer group with its head office in Waldachtal in the Northern Black Forest is one of the leading international companies for fixing systems, automotive interiors and construction toys. In 2017, the company generated a turnover of 812 million Euros with 5,000 employees world-wide. The family-owned company is represented in 34 countries with 46 subsidiaries and exports their products in more than 100 countries. fischer operates with the five business divisions fischer fixing systems, fischer automotive systems, fischertechnik, fischer Consulting and LNT Automation. fischer fixing systems is the technological market leader in important areas of the fixing technology.  

 

Representatives of fischerwerke GmbH & Co. KG

KLAKA Rechtsanwälte Düsseldorf
Dr. Constantin Kurtz, Attorney-at-Law, Partner

Weickmann & Weickmann,
Dr. Markus Herzog, Patent Attorney, European Patent Attorney, Partner

In-house fischerwerke, Waldachtal
Dr. Ulrich Suchy, Head of the Industrial Property Rights Department, Patent Assessor, European Patent Attorney
David Lehmann, European Patent Attorney

Higher Regional Court (OLG) Düsseldorf
Dr. Thomas Kühnen, presiding judge of the Patent Division of the Higher Regional Court
Thomas Fricke (Judge of the Higher Regional Court)
Ronny Thomas (Judge of the Higher Regional Court)

Representatives of Ejot GmbH & Co KGH

Bardehle Pagenberg München/Düsseldorf
Johannes Heselberger, Attorney-at-Law, European Patent Attorney, Partner
Martin Hohgardt, Patent Attorney, European Patent Attorney, Partner