Don’t be misled by Alvern’s latest statement regarding our legal action against Alvern Media GmbH and Alvern Media BV in the Netherlands last November. Alvern would like you to believe that they won the case but that is simply not true.

Whilst granting Nozzad (UK) Limited an injunction against Alvern Media BV, injuncting them from alleging infringement of Alvern Media GmbH’s design rights, the presiding judge also found that there was no literal infringement by Nozzad of Alvern’s European Patent No. EP 0 643 863 B2.
The judge left the issue of equivalence to be decided at full trial. Alvern’s statement to the media that they won and that this is a final decision is misleading and incorrect in several respects.  Nozzad has every right to take this matter further.

We have good grounds to believe that our nozzad unit does not infringe any of Alvern’s IP rights and  
it is significant to note that, since 1996, we at Nozzad (UK) have been supplying our nozzle talkers to many European countries where Alvern Media GmbH’s European Patent No. EP 0 643 863 B2 has been in force since 1992 and, with the exception of Hungary where their patent claims were much broader in scope (see our notes on this situation on this page), neither Nozzad (UK) nor any of our customers have been sued by Alvern.

Besides, since this specific case related to a statement that Alvern had made to one of our potential clients, Alvern clearly stated in court, and in papers submitted to the court, that they would never sue this potential client. Thus Alvern’s statement to the media that this case has made it clear that Nozzad’s customers should realise that they could be held responsible for infringement is not an accurate representation of what actually happened.

We at Nozzad (UK) are committed to giving correct and complete information to the public and in particular our customers about the situation regarding intellectual property rights relating to nozzle talkers. Thus, if you are interested in more detailed information in this regard, please feel free to contact us.

As a matter of record Alvern’s European Patent No. EP 0 643 863 B2 will expire on 02.02.2013

To read Alvern’s press release in full please click on the link below.

http://werbung.pr-gateway.de/alvern-media-gewinnt-patentrechtsverletzungsverfahren-gegen-nozzad/

Nozzad UK have successfully defended against an infringement of patent action brought by Alvern GmbH in the Hungarian courts. By winning a nullity action, and subsequent appeals by Alvern, Nozzad have restricted Alvern’s patent claims.

Alvern fought and lost two appeals in an attempt to maintain the previous invalid claims, which have now been limited to an extent that it is the opinion of experienced Hungarian attorneys that the nozzad unit does not infringe Alvern’s Hungarian patent. For further information please email, info@wardlester.co.uk