Berry Group Wins German Patent Decision

Oostrozebeke, Belgium, May 4--On April 27th, the German Patent Office judged upon the cancellation actions that were initiated against Unilins utility model DE 297 24 428. These cancellation actions were filed by the Berry Group (through Alloc AS) and several other laminate floor producers. The German Patent Office completely revoked the Unilin utility model.* This utility model covered floorpanels with mechanical locking elements integrated in one piece with the core of the panels made of MDF/HDF and installed by a horizontal snap-action. Berry and the other claimants relied on the Välinge patent application from 1994 on glueless installation systems for floorpanels and a more recent Japanese patent application as most important prior art. These applications clearly disclosed one-piece snap embodiments for laminate floors prior to the Unilin utility model. Berry furthermore argumented that there was no innovation in the claims of this utility model. On several occasions during the hearing, Unilin tried to modify the claims of the utility model in order to maintain it with a reduced scope of protection, however all these efforts were in vain and could not convince the panel of three examiners. The fact that this utility model, on the basis of which several allegations and court cases were initiated by Unilin against the Berry Group, is now revoked, will have important consequences for several pending court cases based in this utility model. After the final approval of Välinges European Patent 0 698 162 by the European Patent Office last March, this decision reconfirms Berry's and Välinges faith in the choosen strategy and gives them good hopes for the upcoming opposition proceedings in July against Unilins European Patent 1 024 234 before the European Patent Office. This European Patent of Unilin contains virtually the same claims as this utility model.