BARDEHLE PAGENBERG successful again for HUK-Coburg against Appy Risk Technologies Ltd.

Press release dated December 18, 2023

The German insurance company “HUK-COBURG Haftpflicht-Unterstützungs-Kasse kraftfahrender Beamter Deutschlands auf Gegenseitigkeit in Coburg” (referred to as HUK-COBURG hereafter) prevailed with an invalidity complaint against the German part of the European Patent 2 171 673 B 1 (“patent-in-suit”) of Appy Risk Technologies Ltd. (“Appy”) before the German Patent Court.

The patent-in-suit relates to the recording and reporting of driving characteristics using   a vehicle unit and a mobile device to determine cost of insurance for an insured user. The German Federal Patent Court ultimately followed the arguments presented by HUK-COBURG and revoked the patent-in-suit in its entirety – including all auxiliary requests submitted by Appy – in an oral hearing dated November 28, 2023. Appy can lodge an appeal against the judgement. The written grounds of the judgment have not yet been served. 

This already is the second time that HUK-COBURG and BARDEHLE PAGENBERG are successful against Appy, after the infringement complaint Appy had filed against HUK-COBURG and two other companies of the HUK group due to alleged infringement of the German part of the patent-in-suit by the product “Telematik-Plus” and corresponding components for using said product had been rejected after a warning by the Duesseldorf District Court (see our announcement dated February 23, 2023). An appeal is admittedly pending with the Duesseldorf Higher District Court; but it can be assumed with a high likelihood that Appy’s appeal will either be rejected or that the infringement proceedings will be stayed at least until a final and absolute decision is rendered in the invalidity proceedings because of the revocation.


Representatives of HUK-Coburg: BARDEHLE PAGENBERG (Munich, Germany):
Dr. Patrick Heckeler (Lead; German and European Patent Attorney, Partner*)
Dr. Stefan Lieck (Lead; Attorney-at-Law (Rechtsanwalt), Certified IP Lawyer, Partner*)
Daniel Werner (German and European Patent Attorney)
Dr. Dominik Woll (Attorney-at-Law (Rechtsanwalt), Counsel)


Representatives of Appy Risk Technologies Ltd.: 
Cohausz & Florack
(Duesseldorf, Germany)
Matthias Waters (Lead; Patent Attorney)
Dr. Martin Rütten (Patent Attorney)
Kather Augenstein (Duesseldorf, Germany)
Dr. Christof Augenstein (Attorney-at-Law (Rechtsanwalt))
Dr. Katharina Brandt (Attorney-at-Law (Rechtsanwältin))
 

5th Nullity Senate of the German Federal Patent Court: 
Presiding Judge Schramm

Date


Author

Patrick Heckeler
German and European Patent Attorney, UPC Representative, Partner*

Patrick Heckeler

Stefan Lieck
Attorney-at-Law (Rechtsanwalt), Certified IP Lawyer, UPC Representative, Partner*

Stefan Lieck

Daniel Werner
German and European Patent Attorney, UPC Representative

Daniel Werner

Dominik Woll
Attorney-at-Law (Rechtsanwalt), UPC Representative, Counsel

Dominik Woll