In its decision pronounced on 28 July, 2011 (Case No. 4 O 92/10), the Düsseldorf District Court established vis-à-vis ter Hürne GmbH & Co. KG et al - a licensee of the Välinge 5G embodiment - that - independently of whether a locking element called a "bow shaped tongue" or "bristle tongue" is used - floor panels laid as a "fold down" using a Välinge 5G system infringe the Megaloc patent EP 1 415 056 B1 owned by the Classen group.
By issuing the decision, the District Court confirmed its earlier legally valid decisions dated 18 October, 2007 (4a O 265/06) against Välinge and 31 July, 2007 (4b O 266/06) against another Välinge licensee, in which, at that time, the "bow shaped tongue" version was likewise deemed an infringement of the Megaloc patent. According to the decision, both of the locking elements designed by Välinge provide a resilient snap tab in accordance with the Megaloc patent.
The District Court has, moreover, expressly acknowledged that the Megaloc patent also protects embodiments in the case of which the separate locking element is pre-assembled in a groove of the panel already mounted on the floor. The District Court reached this decision in particular taking into account the legally valid decision of the European Patent Office issued on 20 September, 2007, under which the Megaloc patent was deemed legally valid to an unlimited extent.
The District Court therefore ordered ter Hürne GmbH & Co. KG et al to cease and desist, provide corresponding accounting documentation, pay compensation for damage, destroy its panels and recall its panels. The decision is not yet final; the Defendants, ter Hürne GmbH & Co. KG et al, will have the option to file an appeal against the decision with the Higher Regional Court of Düsseldorf.
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