Cibi e Bevande
Bound2B successfully obtains preliminary injunction against Xolution Germany GmbH and its re-sealable XO closing device on beverage cans
RHENEN, Netherlands , March 21, 2024 /PRNewswire/ -- Bound2B B.V., the creator and owner of several resealable beverage can patents and technologies in Europe and the US, today announced that it has successfully obtained a preliminary injunction against Xolution Germany GmbH. The decision was issued by the District Court of Düsseldorf, Germany , and follows infringement proceedings filed by Bound2B against Xolution GmbH.
Bound2B is the owner of the European Patent EP 1 708 930 B2 (EP930) and of US patents belonging to the same patent family. These patents protect an innovative re-sealable closing device, e.g. for beverage cans. In 2020, Bound2B initiated patent infringement proceedings before the District Court of Düsseldorf based on EP 930 against Xolution GmbH, who manufactured, advertised, and delivered the XO closing device. The validity of EP930 was confirmed by a judgment of the Federal Patent Court on 27 June, 2022. These court proceedings were then stayed due to the insolvency claims by Xolution GmbH.
During the insolvency proceedings, an almost identically named new company (Xolution Germany GmbH) was formed, led by the same managing director (Mr. von Rettberg) as the insolvant Xolution GmbH. The new Xolution Germany GmbH company resumed Xolution GmbH's business. In order to prevent further offering and selling of the XO closing device in Germany , Bound2B filed for urgent proceedings and asked the Düsseldorf Court to immediately issue a preliminary injunction against Xolution Germany GmbH as well as its Managing Director, Mr. von Rettberg. This preliminary injunction was granted by the District Court of Düsseldorf without a prior oral hearing on 13 March, 2024 (court docket-no.: 4a O 11/24). The injunction, that may be appealed, inter alia orders Xolution Germany GmbH to cease and desist from offering and selling products using EP930, i.e. in particular Xolution's XO closing device, in Germany .
Bound2B confirms that it will fully enforce the preliminary injunction. The company said that it takes infringement of its intellectual property rights extremely seriously and stands firmly behind the Court's decision which followed its assessment that Xolution's XO device infringes Bound2B's patent. This confirms the strength of Bound2B's portfolio with patents granted in Europe and the US for innovative can ends and re-sealable closures."
For more information, visit https://bound2b.com
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