Patent infringement proceedings concluded after successful first-instance judgement
The Austrian-based global traffic technology corporation SWARCO reports that the Unified Patent Court (UPC) has found in infringement proceedings against a company operating in the infrastructure sector, that certain optical systems manufactured by a Chinese manufacturer such as, in particular, optical systems installed in variable traffic signs of the Chinese manufacturer infringe SWARCO Futurit’s patent EP 2 643 717 relating to a 'Color-mixing convergent optical system'. This ruling confirms SWARCO’s strategy to detect patent infringements and enforce their intellectual property rights throughout Europe and the USA.
Although an appeal had been filed against this first-instance judgment, SWARCO and the other company were able to resolve their differences through constructive and amicable discussions and ultimately reached a settlement aimed at maintaining a positive basis for future cooperation. In the context of the settlement, the appeal was withdrawn, and the first-instance decision confirming patent infringement has therefore become final. The UPC decision has binding effect in various countries.
SWARCO is determined to enforce its rights under EP 2 643 717 against any infringements by third parties.
“As an innovator in signaling technology, we have been developing best-in-class solutions for dynamic road signs, putting particular emphasis on their optical readability while minimizing energy consumption and providing the market-leading total cost of ownership ratio”, said SWARCO FUTURIT Managing Director Artur Pesendorfer.
“We continuously test our solutions and protect them with patents to ensure that our customers receive high-quality and innovative products based on the latest technology. We are pleased with the outcome of the proceedings that reaffirms our belief in fair competition, healthy business relationships and the importance of protecting the integrity of patented technologies that benefit our customers."
SWARCO recognizes the potential impact of the UPC ruling on customers who may have purchased or installed the affected products. The company is ready to work with all stakeholders to develop solutions that ensure SWARCO’s intellectual property rights are upheld.
For questions on this topic, customers may contact the SWARCO FUTURIT office in Perchtoldsdorf, Austria (T. +43-18957924-0).