BARBERAN DENOUNCES FALSE STATEMENTS MADE BY HYMMEN REGARDING PATENT LAWSUIT
Barberan has already reported that the Düsseldorf District Court confirmed that Barberan’s machines do not infringe the German parts of Hymmen’s patents EP 3 109 056 and EP 2 313 281 (see our LinkedIn posts: EP 3 109 056 & EP 2 313 281). The relevant decisions of 18 and 25 November 2021 are appealable.
Hymmen has shared false and misleading statements concerning these judgements in several emails and public statements to the detriment of Barberan’s reputation. In this regard, Barberan clarifies: On 18 November 2021 the Düsseldorf District Court entirely dismissed Hymmen’s infringement action based on the German part of EP 3 109 056. Contrary to what Hymmen claims, the Düsseldorf District Court did not find in its judgement of 25 November 2021 that any existing or previous Barberan machines would infringe the German part of EP 2 313 281. Accordingly, Barberan was not ordered to stop offering or supplying the current machines of the “Jetmaster” series, digital printing machines, to Germany. At the same time, the court found an infringing offering by wrongful information that was mentioned in previous advertising material which is already out of circulation. Barberan remains free to offer and supply its current “Jetmaster” series, in Germany and anywhere else in the world. At the same time, Barberan’s customers remain free to use the machines that Barberan has supplied in Germany and anywhere else in the world. Furthermore, contrary to what Hymmen claims, Hymmen has not simply “won” the lawsuit. In fact, after Hymmen saw itself forced to partially drop its infringement allegations regarding EP 2 313 281, the remainder of Hymmen’s infringement action was partially dismissed, for the above reasons. Barberan is determined to enforce unfair competition claims against Hymmen in relation to Hymmen’s false and misleading statements.
Barberan believes that Hymmen’s statements did a disservice to the market. At the same time, Barberan will be glad to inform any interested party in more detail about the true patent situation. Please just contact us. Barberán S.A.
For more information contact Mr. Alberto Gómez Palacios, Marketing Manager: BARBERÁN S.A Poligono Industrial Cami Ral. C/.Galileo 3-9 E-08860 CASTELLDEFELS / Barcelona / Spain Ph. +34 9363 50810 / Fax +34 9363 361555 E-mail: firstname.lastname@example.org