On 27 August 2020 the District Court Düsseldorf ruled that the company Ashine Diamond Tools Co.Ltd infringed the German parts of the European patents EP 1 877 219 B1 and EP 2 292 379 B1* owned by Twister Cleaning Technology AB. Ashine were offering and distributing cleaning pads in Germany under the names "EZshine" "Xshine-Pad-System" specifically for cleaning and maintenance of surfaces, without informing customers that use of such pads may only be performed with the consent of Twister. Ashine were also required to impose a written statement on customers informing them that - should the cleaning pads be used for the patented processes without Twister consent - then it would be subject to a contractual penalty.
The two decisions with the court file numbers 4b O 69/19 and 4b O 21/20 are legally binding and enforceable by law. Ashine has failed to comment on the content of the infringement allegations in the proceedings. And Ashine did not file an appeal against the default judgments announced at the oral hearing.
The decisions of the District Court Düsseldorf now oblige Ashine in particular to refrain from offering and distributing the "EZshine" cleaning pads in Germany for the use of the patented processes. The Court also established an obligation to pay damages for past acts of infringement and any future actions that violate the obligation to refrain from any infringing acts.
Twister began in 1989 with a simple idea to present a cleaner environment and better, long-lasting cleaning results of floors. The solution was to use diamond technology to restore the floor to a smooth surface optimized for continuous daily cleaning with Twister diamond pads.
“Twister, as an innovative company, invests in the research and development of its product portfolio in order to provide customers with improvements and new processes,” said Andrew Aranda, Chief Intellectual Property Council “Twister respects the intellectual property of competitors and expects the same in return. Twister therefore will not hesitate to take proactive measures against the unauthorized use of its intellectual property”.
The two asserted patents and further patents of the same patent family owned by Twister are in force across many European countries. The patent family also includes members in North America and Asia.
* EP'219 and EP'379 both protect processes for cleaning and maintenance of surfaces of different materials. Both patents have been maintained without limitations following rejected oppositions to the validity at the European Patent Office. To date, no nullity actions against the patents are pending.
For more information on Twister please visit www.twisterpad.com or reach out to gemma.haslam@diversey.com