/ Created by Philipe Walter

Further success for Topfield in litigation against Grundig patent utiliser IGR

BGH rules on the long-time patent procedure concerning TV technology

Düsseldorf, 22 December 2014 – The technology company Topfield has successfully concluded another procedure in the patent dispute with Grundig and its patent utiliser Interessengemeinschaft für Rundfunkschutzrechte (IGR – community of interests for broadcasting rights). On 18 December the German Federal Supreme Court (BGH) once again ruled in favour of Topfield, granting Topfield’s appeal against a patent nullity decision. The disputed patent (EP 0612150) concerns a technology for the fast switching of television programmes, which is today used in almost all TV devices.

IGR versus Topfield: Courts confirm Topfield

Topfield is represented by the law firms Heuking Kühn Lüer Wojtek (HKLW) und Cohausz & Florack (C&F). The Korean company was already able to fend off actions concerning two patents in the seven-year legal battle with IGR. In the most recent proceedings, the team of Anton Horn (HKLW) and Philippe Walter (C&F) was able to find a video recorder from the year 1990, which was the relevant state of the art for a patent by Grundig that had been used in at least five infringement proceedings in the past. Thus, according to the current findings of the BGH and the respective experts appointed by the court, the relevant technology can be considered to have been subject to public prior use. On appeal, the BGH reversed the lower court’s decision and in conclusion also decided this last action by IGR / Grundig against Topfield in favour of Topfield. Contrary to other market participants, Topfield had decided to take the confrontation with IGR to the highest judicial body. With the recent BGH decision, Topfield continues its successful series of patent disputes and once again underscores its strong competitive position.

Topfield representatives:
Heuking Kühn Lüer Wojtek (Düsseldorf): Anton Horn, Sabine Dethof and Sönke Popp
Cohausz & Florack (Düsseldorf): Philipe Walter

IGR/Grundig representatives: 
Maryniok & Eichstädt (Kronach): Jürgen Pröll and Alfred Eichstädt