Angelcare Group prevails with Norton Rose Fulbright in patent dispute against Polish Sonesta at the Higher Regional Court of Düsseldorf

Global law firm Norton Rose Fulbright successfully represented International Refills Company, Ltd. (IRC), a subsidiary of the Canadian Angelcare Group, in a complex patent infringement case before the Higher Regional Court of Düsseldorf. 

The ruling marks a significant success in a series of patent infringement proceedings initiated by IRC in multiple countries against various infringers.

The appellate court upheld a decision by the Düsseldorf Regional Court prohibiting Sonesta Sp. z o.o. of Poland and its former managing director Maria Dudak from offering or supplying refill cassette films for disposal systems in Germany without explicitly stating that their use is only permitted with authorization from IRC, the holder of European Patent EP 2 818 430 B1. Additionally, IRC was awarded a claim for damages and the right to disclosure of sales information.

At the heart of the legal dispute were refill cassettes, innovative diaper and cat litter bins sold under the Angelcare, Diaper Genie, Litter Genie, and LitterLocker brands, which are distributed in over 50 countries worldwide. Numerous vendors of these products had supplied films with detailed instructions to refill used cassettes via online shopping platforms.  The court deemed this to be indirect patent infringement, including the instruction to customers to remanufacture protected cassettes.  

Notably, the court also confirmed the personal liability of former managing director Maria Dudak for acts committed by the company within the scope of her responsibilities.

Lead partner Clemens Rübel (intellectual property law, Munich at Norton Rose Fulbright): “Another success for the Angelcare Group is fantastic, particularly in this case as it allows us to prevent the circumvention of its patents through instructions for reproducing used cassettes. It also confirms that the person listed as responsible on a digital sales platform is liable—even if they do not hold a management position. For our client, this is an important step in safeguarding its innovative strength and market position in Europe.”

The cross-border patent litigation team led by Clemens Rübel also included counsel Ronak Kalhor-Witzel (Patent Attorney, Munich) and senior associate Maximilian Schmitz (intellectual property law, Munich). Globally, partner Pierre Nguyen and senior associate Alexandre Caya (both intellectual property law, Montreal, Canada) provided support.