Posted: October 22nd, 2019
P/F Vonin and Volu Ventis ApS (“Vonin”) v. MLD ApS (“MLD”), the Danish Western High Court (appeal court), case no. B-0067-18, 12 June 2019
The case concerned alleged infringement of Vonin’s Danish utility model DK 2016 00075 U4 and European patent DK/EP 3 183 959, which relate to a trawl door with a flow booster for increased lift capacity (the “Rights”).
MLD markets a trawl door consisting of a sequence of overlapping hydrofoils over a thicker foil with a flap that can be controlled from the vessel (“MLD’s Trawl Door”).
During the proceedings, Vonin claimed that the design of MLD’s Trawl Door created a certain flow booster protected by the Rights. MLD disputed that MLD’s Trawl Door constituted an infringement of the Rights and argued that the Rights were invalid due to inter alia lack of novelty, lack of inventive step and insufficiency.
Based on the extensive evidence produced during the proceedings and four expert testimonies, the Court concluded that Vonin had not rendered it probable that MLD’s marketing of MLD’s Trawl Door constituted an infringement of the Rights, and thus Vonin’s request for a preliminary injunction against MLD was rejected.
On 28 January 2018 the Danish Maritime and Commercial High Court, as the first instance court, had come to the same result, and neither of the Courts commented on the validity of the Rights.
A copy of the decision (in Danish) can be read here.
Reported by: Peter-Ulrik Plesner, Emil Jurcenoks and Nikolai Dokkedahl, Plesner Advokatpartnerselskab, who advised MLD during the PI proceedings in Denmark.