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Paris 1st Instance Court - W. KUNTZ DRYTEC AG v/ MAGUIN and al

Decision date

2011-09-20

Decision No.

RG 09/13593

Nature

Patent

Country

France

Jurisdiction

Paris 1st Instance Court

Parties

W. KUNTZ DRYTEC AG v/ CRISTANOL, CRISTAL UNION et MAGUIN S.A.

The company MAGUIN was represented by Arnaud Casalonga Lawyer, assisted by Olivier Delprat, Patent Attorney.

The decision exempts MAGUIN of any infringement.

The company KUNZ DRYTEC has an exclusive license of the European patent EP 0 457 203 which covers a method for drying sludge and in particular a method for drying slices of sugar beet, implemented in facilities to produce bioethanol. The drying method is implemented with an integrated cyclone dust filter and a condenser placed at the outlet of a drum dryer.

The air from the condenser is used as combustion air for a burner having a temperature of at least 750 ° C.

Following an unsuccessful response to a call for tenders for the construction of an industrial unit for mixing, drying and granulation of spent grain obtained from the production of bioethanol, KUNZ DRYTEC proceeded with an infringement seizure on the manufacturing site and then sued the company MAGUIN for infringement of claim 1 of the patent of which it was licensee.

In defense, MAGUIN filed two bailiffs reports showing, one during plant shutdown the absence of the cyclone filter and the other during the operation of the plant that the temperature was less than 750 ° C.

Given this evidence, the Court found that MAGUIN has committed no infringement.


Paris 1st Instance Court - W. KUNTZ DRYTEC AG v/ MAGUIN and al

20 September 2011
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