Vestel again successful with BARDEHLE PAGENBERG: Thomson Licensing’s patent is revoked in nullity proceedings

Press release of November 28, 2013

In patent nullity proceedings initiated by Vestel Germany, the Federal Patent Court revoked the German part of Thomson Licensing’s European Patent EP 0 679 028 B1 in its entirety (judgment of November 27, 2013; file-no. 5 Ni 21/12 [EP]). Thomson Licensing may appeal this decision to the Federal Supreme Court. EP ‘028 concerns the processing of packetized signal components by means of a common buffer memory and a management circuitry in the field of digital television technology. Before the Dusseldorf District Court, EP ‘028 also was the subject-matter of parallel patent infringement proceedings commenced by Thomson Licensing against Vestel (file-no. 4b O 176/11). The Dusseldorf District Court’s first instance decision finding an infringement of EP ‘028 is currently under appeal before the Dusseldorf Court of Appeals (file-no. I-2 U 5/13). These infringement appeal proceedings are expected to be stayed in view of the revocation of the German part of EP ‘028 by the Federal Patent Court.

The patent infringement and nullity proceedings at hand are part of an ongoing patent litigation of Vestel and Thomson Licensing with respect to Thomson Licensing’s patent portfolio regarding digital television technology. In the past, BARDEHLE PAGENBERG was already successful for Vestel when the Dusseldorf District Court dismissed Thomson Licensing’s infringement action based on the European Patent EP 1 046 281 B1 which concerns the synchronisation of the video image and the audio output in television sets with analogous and digital hybrid-tuners (judgment of December 20, 2011; file-no. 4b O 180/11; appeal proceedings pending, but stayed). Moreover, the Federal Patent Court also revoked the German part of this EP ‘281 in parallel nullity proceedings initiated by Vestel (judgment of June 20, 2012; file-no. 5 Ni 57/10 [EP]; appeal pending).

The Vestel Group is one of the world leaders in research and development of consumer electronics and household technology, with original residence in Turkey. Thomson Licensing holds and licenses large patent portfolios, inter alia in the fields of analogous and digital television technology.

Legal representatives Vestel Group:
Johannes Heselberger (Attorney-at-Law, European Patent Attorney, Partner)
Dr. Tilman Müller-Stoy (Attorney-at-Law, Partner)
Alexander Wunsch (Patent Attorney, Partner)
Dr. Thomas Gniadek (Attorney-at-Law)
Ronak Kalhor-Witzel (Patent Attorney)

Legal representatives Thomson Licensing:
Rospatt Osten Pross (Dusseldorf): Dr. Henrik Timmann (Attorney-at-Law)
Uexküll & Stolberg (Hamburg): Dr. Felix Landry (Patent Attorney)

Federal Patent Court (5. nullity senate)
Wolfgang Gutermuth (Presiding Judge)



Johannes Heselberger
Attorney-at-Law (Rechtsanwalt) & European Patent Attorney, UPC Representative, Partner

Johannes Heselberger

Tilman Müller-Stoy
Attorney-at-Law (Rechtsanwalt), Certified IP lawyer, Commercial Mediator (MuCDR), UPC Representative, Partner

Tilman Müller-Stoy

Alexander Wunsch
German and European Patent Attorney, UPC Representative, Counsel

Alexander Wunsch