Who Really Won in German Patent Litigation?

From: Hubert Aunkofer (100673.1767@compuserve.com)
Date: Wed Mar 13 1996 - 17:44:28 EET

Press Release - for immediate release

Who Really Won in German Patent Litigation?


3D Systems Corporation announced in a press release dated February 13th 1996:
"3D Systems wins round in German patent litigation". This headline is incorrect.
Those who read beyond the propanganda of the headline can discover the true

1. In May 1993 EOS and its president were sued for alleged infringement of a
European patent. This claim has been dismissed in the first instance by a ruling
of the Munich state court on 8th February 1996. As 3D Systems writes: "The court
also ruled that EOS had avoided continued infringement of the patent after
November 1993", i.e. since the patent was granted.
2. For the period from the publication of the patent application to its granting
the court has allowed 3D Systems a claim for reasonable recompense against EOS
but not against its president. As 3D Systems admits, the amount "has not yet
been determined but is not expected to be material". According to German law
this "recompense" is always significantly lower than the compensation for patent
infringement which 3D Systems wanted.
3. Both parties can still appeal against this ruling.

>From these facts it is clear that the claim by 3D Systems in their headline to
have won is grossly misleading. EOS warns 3D Systems expressly against any
further publication of such misleading claims.

EOS GmbH and its parent company Zeiss Group are pleased that the claim of patent
infringement has been dismissed as they expected and view the future development
of this case with confidence.

EOS GmbH Electro Optical Systems
Zeiss Group

Pasinger Str. 2
D-82152 Planegg, Germany

11th March 1996, 18.00

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