Dusseldorf LD grants Evac injunction against Shanghai VacDrain, rejects de facto successor theory against German distributor

Context: Evac Oy, a Finnish manufacturer of vacuum wastewater systems for ships, sued Shanghai VacDrain, its majority shareholder/CEO Mr. Yong Cao, and German distributor VD Solutions for infringing two European patents: EP1840282 (“Vacuum sewer system”) and EP1813734 (“Vacuum sewer system”). The case also raised questions concerning limitation periods under Article 72 of the Unified Patent Court Agreement (UPCA), exhaustion of rights, implied consent, and whether a later-created distributor could be treated as a de facto successor to an earlier entity involved in the supply chain.

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Court and counsel

Panel: Presiding Judge Ronny Thomas, Legally Qualified Judge Dr. Jule Schumacher, Legally Qualified Judge Peter Agergaard.

Counsel for Evac: Arnold Ruess’s (ip fray firm profile) Cordula Schumacher, Marius Klötzer, and Anas Beyen; Kutzenberger Wolff & Partner’s Jan-Pieter Loock.

Counsel for defendants: Lorenz Seidler Gossel’s Dr. Matthias Ringer, Xiaodi Wang, and Dipl.-Ing. Nikolaus von Tietzen.