Xpar Vision BV has again succeeded in a patent infringement action against MSC & SGCC regarding the I-Care system. This is XPAR's latest success in a series of actions to defend its patent rights. The Court of Appeal in Dusseldorf, Germany, ruled that the I-Care system infringes Xpar's patent EP 0,643,297. Offering and distributing the I-Care system in Germany constitutes patent infringement (judgement of 19 Sept/2013, docket number 1-2 U 100/07) and according to the ruling, MSC & SGCC has to stop such sales and render information about past sales. The appeal court further ruled that MSC & SGCC is liable for damages caused by the infringement. The appeal court thus confirmed the first judgment and did not admit a further appeal. MSC & SGCC can challenge the decision that the appeal was not admitted. The judgement is based on an extensive evaluation by a neutral court-appointed expert. As a second instance decision, the judgement is immediately enforceable. The German appeal decision is in line with the judgment rendered by the Court of Lyon, France. In 2010, the highest Germany court had already confirmed validity of the German patent.
