Three partnerships of the group of companies HUK-Coburg (“HUK”) successfully fought off an attack by Appy Risk Technologies Ltd. (“Appy”) from Great Britain.
Appy first warned HUK and then filed a complaint against HUK with the Duesseldorf District Court because of an alleged infringement of the German part of European patent EP 2 171 673 B1. What was attacked was the product “Telematik Plus” and corresponding components for using said product. Telematik Plus is a special supplementary motor vehicle insurance policy with which insured persons can receive discounts off their insurance premium depending on how they drive .
With its judgment dated February 15, 2023, the Chamber 4b of the Duesseldorf District Court followed the non-infringement arguments of HUK and rejected the infringement complaint in its entirety. Whether or not Appy will appeal the judgment is not predictable at the moment, since the deadline for appeal has not yet expired.
Additionally, HUK filed an invalidity action against the above-mentioned patent with the German Federal Patent Court in February 2022. At this stage, there is neither a qualified notification nor has a date been set for the hearing. According to our assessment, however, there is a high likelihood that the patent will be revoked in its entirety.
Representatives of HUK-Coburg group of companies: BARDEHLE PAGENBERG (Munich):
Dr. Stefan Lieck (Lead; Attorney-at-Law (Rechtsanwalt), Certified IP Lawyer, Partner*)
Dr. Dominik Woll (Attorney-at-Law (Rechtsanwalt), Counsel)
Dr. Patrick Heckeler (Lead; German and European Patent Attorney, Partner*)
Daniel Werner (German and European Patent Attorney)
Representatives of Appy Risk Technologies Ltd.: Kather Augenstein (Duesseldorf)
Dr. Christof Augenstein (Lead; Attorney-at-Law)
Dr. Katharina Brandt (Attorney-at-Law)
Dr. Martin Rütten (Patent Attorney)
Duesseldorf District Court (Chamber 4b):
Dr. Voß (Presiding Judge)
Dr. Nottmeier (Associate Judge)
Dr. Schröder (Associate Judge)