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Article posted - 06th Jan 2017
Further to Judicial Proceedings between Oxeon and G.Angeloni S.r.l. For clarification the judgment relates to a very limited number of products (listed below):
DYNANOTEX DYK 25-160 T ALU
DYF 25-160 P
DYF 25-160 P ALU
DYF 25-160 T
DYF 15-160 P
Oxean alleged that the fabrics used and made by Angeloni in the above products were reproducing their patented woven material and therefore these products were in violation of Oxeon patent rights:
Angeloni would like to clarify that:
The items that Angeloni will manufacture and commercialise in the future will not be made of any material/fabric that could anyhow infringe Oxeon patent EP 1 838 909 B1.
The Judgement has been issued in a trial that took place in Germany and it only took into account the German portion of the European Patent EP1838909, therefore the Judgement is binding and can be enforced only within the German territory.
The Judgement found these products were infringing Oxeon’s patent rights because they were made up of “partially stabilised” tape-like warps and wefts, wherein “partially stabilised” means that they had a binding agent (i.e. the scrim filaments) slanted with respect to the tape length so that, along the tape width, i.e. along a 90o oriented direction with respect to the tape length, only some fibres were held by the binding agent while some others were not held and thus “free”.
From the ruling, it comes that a fibrous tape having a binding filament oriented at 90o with respect to the tape length cannot be considered to be “partially stabilised” and therefore cannot infringe the patent EP1838909, this is the case of the 0o - 90o scrim that is used in the new Angeloni product lines.
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