Posted: February 14th, 2023
Sunconfex B.V. v. HSD Ecoscreen B.V., District Court The Hague, The Netherlands, 8 February 2023, Case No. ECLI:NL:RBDHA:2023:1334
Sunconfex holds EP 2 426 287 entitled: ‘Fabric holder for roller blinds’. HSD developed and markets a mounting system for roller blinds and is accused of infringing EP ‘287. The Court finds no infringement:
“The legs [of the clamping means – editor] may therefore take on different shapes, as long as they are compressible and, when relaxed, have a greater span than the width of the groove. However, the (span)width of the legs must be less than or equal to the width of the groove when compressed. The skilled person sees further confirmation herein that the legs must be able to be fed through the groove simultaneously.
“All specific information that the skilled person reads in the description with regard to sub-feature 1.2 therefore confirms that this feature must be interpreted in such a way that the elastically compressible clamping means must have such a shape and compressibility that they can be passed through the groove at the same time. This is not the case with the HSD mounting strip. Sunconfex has also not stated that the HSD Mounting Strip holds an equivalent measure.”
A copy of the judgment (in Dutch) can be read here.