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Medmix wins German patent infringement complaint against Kettenbach/Xinial dental mixing system

Author(s): Infodent International

medmix has won a major victory in the German patent infringement litigation against the Kettenbach/Xinial dental mixing system. The Düsseldorf Higher Regional Court (OLG Düsseldorf) announced on February 1, 2024, in an appeal judgment, that the Kettenbach/Xinial dental mixing system infringes the German part of medmix’ European Patent EP2485852B1 (docket no.: I-15 U 17/23). This judgment is a milestone in the patent dispute which started after the launch of the Kettenbach/Xinial dental mixing system in 2021.

The German patent infringement judgment rendered against Kettenbach GmbH & Co. KG and XINIAL Systems GmbH & Co. KG is provisionally enforceable now and provides for an immediate injunction prohibiting Kettenbach/Xinial from manufacturing in Germany the infringing dental mixing system (cartridges and mixing tips) and from offering and selling the infringing system in or from Germany.

Therefore, Kettenbach and Xinial are also unable to manufacture the infringing mixing system in Germany for local customers and also for export to customers in other countries.

Kettenbach/Xinial must also render a detailed accounting of the infringing acts, must recall the infringing dental mixing system from its commercial customers and must destroy these infringing products. The court further ordered Kettenbach/Xinial to pay damages for these infringements. An appeal on points of law was not permitted by the Düsseldorf court. However, Kettenbach/Xinial could still appeal by filing a complaint against denial by the Court of leave to appeal (“Nichtzulassungsbeschwerde”).

The validity of medmix’ European Patent EP2485852B1 was already confirmed to-date by the European Patent Office (EPO) in opposition and in appeal, and by judgment of the German Federal Patent Court (BPatG). The latter judgment is under appeal by Xinial.

medmix also filed a lawsuit against the Kettenbach/Xinial dental mixing system in New York alleging infringement by Kettenbach/Xinial of MIXPAC’s parallel US patent US 9,010,578, and also infringement of MIXPAC’s “X” trademark....READ MORE

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#medmix #GermanPatent
Medmix wins German patent infringement complaint against Kettenbach/Xinial dental mixing system Infodent International

medmix has won a major victory in the German patent infringement litigation against the Kettenbach/Xinial dental mixing system. The Düsseldorf Higher Regional Court (OLG...

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