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29/06/2011

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Full Dismissal of Pergo’s Patent Infringement Action against Balterio

Full Dismissal of Pergo’s Patent Infringement Action against Balterio in Germany Re. Laminate Floor Panels “Grandeur”

On June 21, 2011, the Regional Court Düsseldorf, Germany, announced a judgment in the patent litigation of Pergo (Europe) AB (hereinafter “Pergo”) against Spanolux – Div. Balterio (hereinafter “Balterio”). With this judgment, the Düsseldorf Court fully rejected Pergo’s claims for alleged infringement of the German part of Pergo’s European patent EP 1 276 941 B1 and confirmed that Balterio’s product “Grandeur” does not infringe Pergo’s patent. Further, the Düsseldorf Court decided that Pergo has to bear the statutory costs of the legal proceedings.

The judgment had been preceded by extensive court proceedings in front of the Düsseldorf Court, one of the most experienced patent courts in Europe. Already in October 2009 Pergo had started the litigation against Balterio with regard to Balterio’s “Grandeur” product claiming infringement of its patent which relates to a flooring material with specific joining means. With the recent judgment, the Düsseldorf Court confirmed Balterio’s legal position that Pergo’s claims were unfounded from the start because Balterio’s “Grandeur” product uses different joining means. Consequently, Balterio may continue to freely market the “Grandeur” floor panels in Germany without infringing Pergo’s patent rights.

The judgment of the Düsseldorf Court also fully confirms Balterio’s IP policy to respect the intellectual property rights of third parties but at the same time to vigorously defend itself against unjustified claims for IP right infringement.

The written judgment with the reasoning of the Court will become available in app. one month from now. The judgment of the Düsseldorf Court can be appealed by Pergo to the Higher Regional Court Düsseldorf. In case of an appeal, Balterio will continue to defend itself and is confident that it will also prevail there.

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