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Vahterus Oy secures pan-European permanent injunction against Euro Heat doo before Unified Patent Court (UPC)

Feb 26, 2025

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    Arttu Ahava

    The author, Arttu Ahava, is a European trade mark and design attorney and lawyer working with Berggren Oy, Finland’s leading IPR service provider. The author has been involved in the preparation of the revised Trademarks Act and assisted clients in connection with a similar revision process carried out with regards to EU trademarks.

    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.

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