On 22 June 2007, the Court of Appeal in London upheld the decision of the Patents Court, a specialist division of the High Court in London, given in London almost exactly one year ago, and delivered judgment in favour of BDMO and MIP and ordered costs against Pozzoli.

BDMO and MIP had refused to accept the much publicised claims of Pozzoli in the marketplace that the Double Push Tray product of BDMO infringed Pozzoli’s European patent EP (UK) 0 676 763 for packaging for multiple discs.

The Court of Appeal, in its judgment, agreed with BDMO and MIP and found that BDMO’s Double Push Tray did not infringe the Pozzoli patent. The Court also held that the Pozzoli patent was invalid. This decision follows two years of litigation and five days of hearing in court in London during which witnesses and experts for both sides were thoroughly cross-examined.

Also, in France, in proceedings brought by Pozzoli alleging infringement of its patent, the Tribunal de Grande Instance de Rennes has found in favour of BDMO and MIP and has ruled that the patent is invalid. This decision has been appealed from by Pozzoli.

In Germany, the 4a Patent Division of the District Court [Landgericht] of Düsseldorf found the Pozzoli patent to be infringed in a first round of litigation brought against NICKERT GmbH, one of MIP’s German customers. This case is currently under review before the Appeals Court of Düsseldorf, which will hear the matter on 16 August 2007.

In another matter brought by Pozzoli against BDMO and MIP, the 4b Patent Division of the District Court [Landgericht] of Düsseldorf will render a decision on 21 September 2007, at which time the opinion of the Appeals Court of Düsseldorf in the NICKERT case will also be known.

Story filed 16.07.07