• Validity of Unilin’s EP 2 588 311 confirmed in opposition proceedings before the EPO.
• The confirmed patent protects a broad range of clic LVT panels using fiberglass, irrespective of the type of locking mechanism used.
• Decision can have important consequences for current and future patent cases.
On the 6th of May 2019, the European Patent Office (EPO) confirmed the validity of European patent No. 2 588 311 (“EP 311”) owned by Unilin BVBA (“Unilin”) in opposition proceedings filed by Windmöller GmbH (“Windmöller”). The patent covers the majority of clic LVT panels with a fiberglass layer being on the market nowadays, given the fact that the patent places no limitation on the particular type of locking system being used on the panel.
Windmöller filed the opposition against EP 311 before the EPO on February 2nd, 2018. After having heard all of Windmöller’s arguments, the EPO decided to maintain the patent in a form being novel and inventive over all of the cited prior art. The decision was pronounced at the oral hearing of May 6th, 2019 and is appealable.
Unilin had already filed an infringement action based on EP 311 against Windmöller before the court of Düsseldorf, Germany.
The current EPO decision in favour of Unilin strengthens Unilin’s belief in a positive outcome of the above-mentioned infringement case in Düsseldorf and will also be a catalyst for further actions against unlicensed resilient products in order to protect the Unilin innovations and technologies.