Judgment of the Düsseldorf Regional Court: Patent Infringement through Use of an Assault Rifle
Background of the Legal Dispute
In 2021, the Düsseldorf Regional Court (Judgment of 23.11.2021, Case No.: 4a O 68/20) dealt with a dispute in the field of patent law. The subject of the dispute was the use and sale of an assault rifle model by a German company, which, according to the plaintiff, had adopted central technical features of an existing, Europe-wide patented design. The rights holder claimed that this constituted an infringement of their patent and sought injunctive relief and damages.
Patent Law Fundamentals
Inventive Step and Scope of Protection
Under European patent law (Articles 54, 56 EPC), a technical invention is granted protection if it is new, involves an inventive step, and is industrially applicable. Protection applies not only to identical replicas but also to equivalent embodiments that incorporate the essential principle of the protected invention (‘equivalent patent infringement’).
Assessment of Patent Infringement
The key issue was whether the contested assault rifle incorporated central technical features protected by the patent. The court determined that there was both a literal and at least an equivalent infringement of the patent. In its assessment, the court compared the disputed patent with the design features of the product, considering expert opinions.
Court Decision
The Düsseldorf Regional Court concluded that the technical design of the assault rifle in question incorporated various patented elements, especially in key assemblies. From the court’s perspective, the adoption of these features occurred in such a way that a skilled third party would not identify any significant deviations regarding the technical function. Accordingly, the court found that the patent had been unlawfully used.
Consequences of the Judgment
The court ordered the defendant to cease and desist and also granted the plaintiff rights of information and, if applicable, claims for damages. This prohibited the commercial exploitation of the assault rifle model in question without the prior consent of the patent holder.
Relevance of the Decision for Companies
The judgment once again underscores the importance of thoroughly examining patent law matters prior to and during the market launch of technologically innovative products. Even minor technical details can be the subject of an effective patent. The decision also reaffirms the role of the courts as an authority for the enforcement and protection of intellectual property rights in international trade — not least against the backdrop of an increasingly globalized market for military technology equipment.
Significance for the Defense Industry
Especially in the defense sector, where technological innovation and patent protection go hand in hand, patent infringements can have far-reaching consequences — including supply stoppages, recalls, or contractual penalties. Companies are therefore well advised to address third-party intellectual property rights at an early stage and to establish clear contractual terms with licensors and developers.
Note on the Presumption of Innocence and Ongoing Proceedings
It should be noted that appeals can be filed against the judgment of the Düsseldorf Regional Court and that measures are not yet final and binding as long as proceedings are ongoing.
Sources: Decision of the Düsseldorf Regional Court of 23.11.2021, Case No.: 4a O 68/20
Given the complex challenges and particular requirements in the field of industrial property protection, it is advisable to seek legal advice in advance of investment or development decisions. The lawyers at MTR Legal Rechtsanwalt are available to companies, investors, and private clients nationwide and internationally.
