First Ruling in a Main Proceedings Case at the Hague Division of the Unified Patent Court (UPC)
UPC Orders Immediate Cessation of Infringement in Europe
Renkum, XNUMX November XNUMX – Plant-e has achieved a significant victory in its patent infringement lawsuit against Spanish competitor Bioo. The Hague local division of the Unified Patent Court (UPC) ruled in favor of Plant-e today, confirming the validity of Plant-e's patents and determining that Bioo's products infringe upon Plant-e's rights. The court has ordered Bioo to immediately cease its infringement and withdraw its products from the market within the UPC jurisdiction where Plant-e’s patents are valid. This includes the Netherlands, Belgium, Luxembourg, France, Italy, and Germany.
In 2023, Plant-e filed the first infringement case brought before the Dutch (Hague) division of the new UPC, citing alleged infringement of its patents. The UPC, established in June 2023, is a new court dedicated to pan-European patent disputes. This case demonstrates that the UPC serves not only large corporations but also SMEs.
Since 2009, Plant-e has been developing technology to generate electricity from living plants and holds patents for this technology. Originally filed by Wageningen University & Research (WUR), these patents were later acquired by Plant-e. Today's ruling reaffirms the uniqueness and protection of Plant-e's technology.
Plant-e had long been aware of Bioo's use of similar technology in their products and initially sought to resolve the issue out of court. When Bioo first launched its products, Plant-e offered a licensing agreement, which Bioo initially accepted. However, Bioo later unilaterally terminated the agreement, claiming it no longer needed the license as it had ceased selling its Bioo-Ed product. Plant-e disputed this claim. After discovering that Bioo continued to sell its products post-pandemic and had developed new products using Plant-e's technology, Plant-e renewed contact to address the infringement. Despite repeated attempts by Plant-e, Bioo denied the infringement and refused further discussions. The situation escalated when Bioo entered the Dutch market, competing for the same investors, prompting Plant-e to take formal legal action.
During the proceedings, Plant-e made several attempts to resolve the matter without further litigation. However, Bioo rejected all of Plant-e's proposals, leaving Plant-e no choice but to enforce its legal rights. The UPC’s ruling now unequivocally confirms the validity of Plant-e’s patents and Bioo’s infringement, ordering Bioo to immediately withdraw its products Bioo-Ed, Bioo-Bench, and Bioo-Panel from the market. Bioo is also required to compensate Plant-e for damages incurred.
Marjolein Helder, CEO of Plant-e, expressed satisfaction with the ruling: "We were confident that Bioo was infringing on our patents, but it’s an important milestone to have this confirmed by the UPC. We had hoped for a collaborative resolution, as we believe there is sufficient market space for both companies. Unfortunately, Bioo refused to adhere to intellectual property rules, forcing us to take legal action. We are deeply grateful for the support of Simmons & Simmons, who provided excellent guidance throughout the process. Their strategic approach contributed to this clear and swift decision."
Oscar Lamme of Simmons & Simmons added: "This ruling underscores the crucial role the UPC plays in protecting the rights of small and medium-sized enterprises (SMEs) like Plant-e. Within a year, Plant-e secured an injunction covering six countries: the Netherlands, Belgium, Luxembourg, Germany, France, and Italy. The UPC delivers on its promise of providing efficient and effective solutions for cross-border patent disputes."
Plant-e remains committed to bringing reliable and innovative products powered by plants to market. Its current product offerings include plant-powered lighting and sensor technologies.
