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Jakob Müller AG successfully enforced interim injunctions against design patent infringements

ITMA ASIA +CITME 2018 is China’s most important textile event. The sixth edition of the combined show has been held from 15 to 19 October 2018 at the new National Exhibition and Convention Centre (NECC) in Shanghai.

Jakob Müller AG, has at the on-site IPR Office successfully applied for interim injunctions at ITMA ASIA 2018
Courtesy: Jakob Müller AG

The subsidiary corporation COMEZ International s.r.l. of Switzerland based Jakob Müller AG, has at the on-site IPR Office successfully applied for interim injunctions to stop design patent infringements against Chinese manufacturers DKY Machinery Co. Ltd, Huibang Machine (Yingkou) Co. Ltd, and Dah Heer Industrial Co. Ltd.

On the first day of the fair, Jakob Müller found that the machines of the three companies showed a clear violation of COMEZ’s intellectual property without Jakob Müller’s or COMEZ’s permission. The patentee at once filed a complaint to the IPR Office against these companies, to prohibit the exhibition of the infringing systems.

Jakob Müller AG at ITMA ASIA 2018
Figure: Jakob Müller AG is the world’s leading company with regard to textile technology. Courtesy: Jakob Müller AG

The IPR Office served the complaint materials to three companies in the morning of the second day and set a time limit of 24 hours for a counterstatement to the three infringers. One of them, Dah Heer, removed the infringing system actively, and the others, DKY and Huibang, submitted a counterstatement. After the IPR Office assessed these statements and evaluated the possibility of the infringements, the IPR Office required them to remove the systems concerned in the patent on 17th October 2018. The systems concerned were removed by DKY and Huibang and not exhibited any more until the end of the fair.

Bernhard Engesser thanks the responsible patent lawyers of the intellectual property rights office and emphasizes that Jakob Müller AG will take a high priority against further patent infringements. Jakob Müller AG and its relevant companies reserve the right to take further civil actions against the respective companies.

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