Patent infringement proceeding against Peri
11 May 2022
Geoplast wins preliminary injunction proceedings against Peri in Italy! The production and distribution of Peri Duo formwork for now prohibited in Italy
The Tribunale di Venezia (ord. 07/02/2022; R.G. 7493/2021 in 2nd instance; R.G. 8611-2/2016 in 1st instance) ruled by way of a preliminary injunction dated February 7, 2022 that Peri SE’s (“Peri“) Peri Duo formwork infringes the Italian patent IT 1345881. The preliminary injunction issued by the Tribunale di Venezia specifically requires Peri to cease manufacturing the Peri Duo formwork in the Republic of Italy and to withdraw the formwork from the market.
Geoplast has already enforced the preliminary injunction. Peri has not recognized the preliminary injunction as a final and legally binding settlement between the parties.
In addition to the preliminary injunction proceedings, there are proceedings on the merits also pending between the parties in Italy (before the Tribunale di Venezia, R.G. 8611/2016) and in Germany (before the District Court Düsseldorf, docket no.: 4a O 92/21). These proceedings have as their subject matter the respective national part of the European patent EP 1 538 277 B1. The patent IT 1345881 is additionally part of the Italian proceedings on the merits.
Both IT 1345881 and EP 1 538 277 B1 protect a reusable modular formwork made of plastic material with an improved and special structure of the ribs.
In the preliminary injunction proceedings, the Tribunale di Venezia found Geoplast’s patent IT 1345881 to be valid. The validity of IT 1345881 is also part of the Italian proceedings on the merits. The EPO further upheld patent EP 1 538 277 B1 (in a restricted form) in the first instance opposition proceedings initiated by Peri. Both Geoplast and Peri have appealed the decision of the EPO Opposition Division. The EPO has not yet ruled on the appeals.
Geoplast, as an innovative company in the field of manufacturing a wide range of, for example, formwork or foundation solutions, invests in the research and development of its product portfolio in order to provide customers with improvements and innovative, new products. Geoplast respects the intellectual property of competitors and expects the same in return. Geoplast therefore takes a proactive approach against the unauthorized use of intellectual property in order to protect the investments made in research and development.
2005 – Launch of Geopanel, the first successful plastic formwork from Geoplast.
2019 – The European Patent Office (EPO) finds at first instance that the technical teaching of patent EP 1 538 277 B1, whose inventor is Mirco Pegoraro, is inventive (see above).
2022 – The Tribunale di Venezia rules in preliminary injunction proceedings that Peri Duo infringes the Italian patent IT 1345881. It orders Peri to cease production and distribution of Peri Duo in Italy.