Välinge’s utility model DE ’012 vs. Balterio’s PXP® systemSint Baafs, Belgium, January 12, 2013
In the course of the Domotex fair 2013, Välinge Innovation AB (“Välinge”) served a writ of complaint against Spanolux N.V. division Balterio (“Balterio”), claiming that Balterio’s new locking system PXP® (PressXpress) allegedly infringes its German utility model DE 20 2012 007 012 U1 (“DE ’012”). Välinge subsequently issued a press release informing the public about said lawsuit, which is a proceeding on the merits.
“We are convinced that our PXP® System does not infringe Välinge’s German utility model” says Peter Le Roy, division director of the laminate division of Spanolux N.V. “Since its foundation in 2001, Balterio has always taken intellectual property issues very seriously. We are confident that we will also prevail in these proceedings. This is why we will continue to market our PXP system as before.”
DE ’012 is a utility model, i.e. a protective right which was registered by the German Patent and Trademark Office without a substantive examination of its validity regarding novelty and inventive step. It was filed only on July 19, 2012, claiming earlier priority of the Swedish application SE P 11 50 713.4 of July 19, 2011. Välinge’s DE ’012 was filed a long time after the public launch of the PXP® System on Domotex 2011 and also after Balterio’s corresponding patent application WO 2011/127981 A1 on April 15, 2010.
Peter Le Roy adds: “In our view DE ’012 was filed and tailored for the sole purpose of attacking our PXP® System and is not based on any proprietary technology or invention of Välinge. We intend to start invalidity proceedings against this utility model immediately.”
Balterio’s Research and Development Director Bruno Vermeulen explains the background of Balterio’s innovative PXP® locking system: “Already in 2008 we started developing a new locking mechanism which led to the PXP® system. PXP® is a completely new and innovative fold down system for flooring panels that is out of the scope of existing third party patents. Years of research and development combined with the daily experiences and wishes of customers resulted in PXP®, which we have successfully integrated into our product ranges Grandeur, Infinity and Xperienceplus. On April 15, 2010, we applied for our own patent application WO 2011/127981 A1 covering the PXP® System, so more than 14 months before Välinge filed its application for DE ’012.”
For more information, please contact:
Peter Le Roy
Division Director Laminate Division