Geoplast successful against Peri before the EPO, in Italy and in Germany!

In the long-running patent dispute between Geoplast S.p.A. (“Geoplast”) and Peri SE (“Peri”), both Italian and German courts have concluded that the formwork “Peri Duo” infringes the patent EP 1 538 277 B1 (“EP’277”), which protects reusable modular formworks made of recycled plastic material with improved ribs. In addition, Geoplast successfully defended the validity of EP’277 before the European Patent Office (EPO).

 
Validity proceedings

The Board of Appeals of the EPO maintained EP’277 in accordance with Geoplast’s auxiliary request 6 (Appeal number T2759/19-3.2.03).

Following the oral hearing on October 17, 2023 held in Munich, the Board of Appeal confirmed the interlocutory decision of the Opposition Division upholding EP’277 with Geoplast’s auxiliary request 6. The appeals of both Geoplast and the opponent Peri were therefore dismissed.

The decision by the EPO is not appealable and strengthens the validity of EP’277.

Following the final decision of the EPO, Peri filed a national nullity suit against the German part of EP’277 before the German Federal Patent Court (docket no.: 8 Ni 17/24).

 
Infringement proceedings in Italy

The Tribunale di Venezia (ord. 07/02/2022; R.G. 7493/2021 in 2nd instance; R.G. 8611-2/2016 in 1st instance) ruled by way of a preliminary injunction dated February 7, 2022 that Peri’s “Peri Duo” formwork infringes the Italian patent IT 1345881. The preliminary injunction issued by the Tribunale di Venezia specifically requires Peri to cease manufacturing the “Peri Duo” formwork in the Republic of Italy and to withdraw the formwork from the market.

Geoplast has enforced the preliminary injunction. Peri has not recognized the preliminary injunction as a final and legally binding settlement between the parties.

In addition to the preliminary injunction proceedings, there are proceedings on the merits also pending between the parties in Italy (before the Tribunale di Venezia, R.G. 8611/2016). These proceedings have as their subject matter the national part of the European patent EP’277. The patent IT 1345881 is additionally part of the Italian proceedings on the merits. IT 1345881 also protects a reusable modular formwork made of plastic material with an improved and special structure of the ribs.

 
Infringement proceedings in Germany

On March 7 2024, the District Court of Düsseldorf issued a decision with docket number 4a O 92/21 ruling in favor of Geoplast. The court found that Peri’s “Peri Duo” formwork infringes Geoplast’s patent EP’277.

Peri has appealed the decision (docket no. of the Higher Regional Court of Düsseldorf: I-2 U 46/24).

The favorable decision of the District Court of Düsseldorf is another important step in protecting Geoplast’s intellectual property rights.

 
Patent protection timeline

In 2005, Geoplast launched Geopanel, a revolutionary recycled plastic formwork that transformed the construction industry by offering a sustainably profitable alternative to wood and metal formworks.

In 2019, The Opposition Division of the EPO found in first instance that Mirco Pegoraro’s patent EP’277 is inventive in view of Geoplast’s auxiliary request 6.

In 2023, the Board of Appeal of the EPO confirmed the decision of the Opposition Division and brought a judgment that Geoplast’s patent is valid in accordance with Geoplasts’s auxiliary claim 6.

 
Innovation is the core of Geoplast’s mission

The decisions of the EPO, the Tribunale di Venezia, and the District Court of Düsseldorf represent significant milestones in Geoplast’s efforts to protect its intellectual property rights. As a company committed to innovation, Geoplast remains committed to advancing the construction industry with sustainable, profitable solutions. The ongoing legal proceedings underline Geoplast’s unwavering commitment to maintaining the integrity of its patented technologies.