Berggren represented Vahterus Oy, a developer and manufacturer of plate and shell heat exchangers, in its successful pan-European patent infringement claim against Euro Heat doo, a Serbian heat exchanger manufacturer.
Landmark UPC infringement ruling in Copenhagen
In the first ever infringement proceeding before the Copenhagen Local Division of the Unified Patent Court, Vahterus Oy was on 15 January 2025 granted a permanent injunction prohibiting Euro Heat doo from making, offering, placing on the market or importing into the UPC Member States in which the patent in suit (EP 2673576) is in force heat exchangers falling within the scope of the patent.
The matter was handled by the Copenhagen Local Division, as the infringing products had been sold to a Danish company. Vahterus opted for a UPC claim rather than litigating the claim in Danish local courts due to the possibility of obtaining an injunction in several European countries in a single proceeding.
The injunction was rendered on the basis of Vahterus’s original Statement of Claim through a decision by default, as the counterparty did not submit a timely, valid response to the UPC. While Euro Heat did submit arguments to the Court contesting the jurisdiction of the UPC, they failed to appoint a qualified attorney, and to follow the procedural requirements required for challenging the Court’s jurisdiction.
Berggren’s litigation team secures victory
The Berggren team, led by lawyer Arttu Ahava, included lawyers Suvi Julin and Matti Nousiainen (who was part of our team during this project), as well as European Patent Attorney Katja Mäkelä, with the assistance of European Patent Attorney Michael Nielsen and IP strategist and professional support lawyer Mariella Massaro.