Our client Orbisk | Zero Food Waste obtained a significant win in proceedings at the UPC against its competitor Winnow. In today’s decision, the Local Division The Hague dismissed all allegations of infringement and in the counterclaim invalidated all claims of Winnow’s patent that were asserted against Orbisk. The Court ordered reimbursement of nearly all of Orbisk’s costs. The decision can be found here.
This victory allows Orbisk to stay focussed on its mission: helping professional kitchens reduce food waste with innovative monitoring solutions.
The costs award signals a pragmatic and realistic approach of the Dutch Local Division. Rather than a binary assessment, the Court examined the economic focus of the validity dispute and awarded 85% of the costs of the revocation action. In addition, Orbisk recovered 100% of its costs in the infringement action.
Congratulations to the Orbisk team for their resilience, and thanks to our colleagues Roeland Grijpink, Niels Zelders, Anouschka Heemskerk and Theo Blomme for their excellent work on this case.
#UPC #patentlitigation #innovation #orbisk #zerofoodwaste
