Hoffmann Eitle - München, London

01.02.2012 -

Press Release in re: NCI vs. 3M Deutschland GmbH Patent infringement proceedings before the RC Mannheim – 2 O 63/11 & 2 O 252/11

Nippon Carbide Industries K.K. has won two infringement lawsuits before the Regional Court (“Landgericht”) Mannheim against 3M Deutschland GmbH in regard to 3M’s “High Intensity Grade Prismatic 3930” retro-reflective sheeting (court docket nos. 2 O 63/11 & 2 O 252/11).
3M Deutschland’s counsel stated in the hearing that 3M will change the design of its sheeting.

Nippon Carbide Industries K.K. is announcing that the Regional Court Mannheim has pronounced two judgments on 24 January 2012, holding that the 3M “High Intensity Grade Prismatic 3930” retro-reflective sheeting infringes two Nippon Carbide patents. The operative part of these judgments of the Regional Court of Mannheim has been copied in below.

Retro-reflective sheetings are high-tech materials that are applied, for example, to traffic signs and car license plates in order to improve their reflection in the dark and their daytime appearance. Nippon Carbide’s European patents no. 1 193 511 B1 and 1 746 444 B1 protect innovations that improve the weatherability and water resistance as well as the hue of such retro-reflective sheetings. According to Nippon Carbide’s inventions, protected by these patents, this effect is achieved by a specific printed layer consisting of a discrete repetitive pattern of units of a specific area.

According to the findings of the German infringement court, 3M Deutschland has been using exactly such an improved printed layer in its “High Intensity Grade Prismatic 3930” retro-reflective sheeting. For this reason, the Court enjoined 3M Deutschland from further offering, placing on the market and using such sheetings as well as from importing and possessing them for such purposes.

Both judgments of the Regional Court were declared provisionally enforceable upon provision of securities by Nippon Carbide.

Even if Nippon Carbide enforces only one of these judgments, 3M Deutschland will have to stop the offering and distribution of these sheetings in Germany.

3M Deutschland’s counsel declared in the hearing on 29 November 2011 before the Regional Court Mannheim that 3M Deutschland intends to change said sheetings to the effect that these will no longer infringe Nippon Carbide’s European patents.

If you have any inquiries, please contact NCI’s counsel, Attorney-at-Law Dr. Folz, Hoffmann · Eitle, Arabellastrasse 4, 81925 Muenchen, Germany, telephone +49 89 92409-0, email: cfolz@hoffmanneitle.com.


Further details of this case are available in the complete press release which is available for download below.

Press release (PDF, ca. 110 KB)