Satisfyer has issued a statement claiming victory in a legal dispute recently heard in a German court. The statement, headlined ‘Court convicts LELO of patent infringements’, reads as follows:
“This is a significant victory against LELO, fully supporting our position and emphasizes the validity of our patents: The court confirms that products from LELOi AB and LELO Europe GmbH infringe on the patents of EIS GmbH.
“On July 25, 2024, the Düsseldorf District Court ruled that LELO products Sona, Sila, and Enigma infringe on the patents of EIS GmbH. EIS primarily utilizes these patents in Satisfyer’s pressure wave vibrators. As a result of this ruling, LELO is required to cease distributing the infringing products within the jurisdiction of the court’s decision, provide EIS with information about all distributed products and their recipients, and pay damages for the distribution of patent-infringing products.
“Previously, on October 18, 2022, the European Patent Office had rejected the opposition filed by LELO Europe GmbH against our patent. Both decisions provide strong support for our ongoing legal proceedings against LELOi AB, which are pending in Sweden, Australia, Canada, and other European countries.
“LELO has appealed both the decision of the European Patent Office and the Düsseldorf District Court. However, our patent and legal attorneys remain confident that the clear decisions already issued will be upheld on appeal.
“We feel more than validated by the Düsseldorf District Court’s decision and are now offering former dealers of our competitor LELO, and other providers who refrain from infringing our patents, the opportunity to cooperate with us regarding our Satisfyer products.”
When contacted by ETO for comment, LELO issued the following response:
“In an unfortunate recent legal development, a German court has ruled that certain LELO suction devices infringe upon EIS GmbH’s patent. This decision highlights the ongoing complexities and challenges within the competitive intimate wellness industry.
“The first instance decision that was rendered by the Regional Court of Düsseldorf in the patent infringement case concerning EIS GmbH’s patent EP 3 228 297 (“Pressure Waves Massage Apparatus”) (“EP’297”) against LELO on 25 July 2024. In its decision, the court held that the LELO products SONA, ENIGMA and SILA infringe EP ‘297. The reasoning for the determination of patent infringement is, in LELO’s opinion, kept brief, does not address all of LELO’s arguments, and fails to appropriately distinguish between the different product types.
“LELO thoroughly disagrees with the court’s decision and has immediately filed an appeal against the first instance decision, which will be decided by the Higher Regional Court of Düsseldorf. Importantly, because of the bificurated system, the Düsseldorf Regional Court does not have jurisdiction to decide on the validity of the patent. Therefore, the court has not carried out an examination of the validity of the patent. Validity of the patent is subject to the opposition proceeding before the European Patent Office where LELO challenged the validity of the EP ‘297 (which proceeding is currently in the appeal phase after the EPO has confirmed the validity of the patent in the first instance). LELO will consider filing a nullity action of the patent in question in Germany and, if needed, other European countries in case of a negative outcome of the appeal proceeding.
“LELO would like to make known that the judgment of the Düsseldorf Regional Court only applies to patent infringement actions in Germany; it has no bearing anywhere else in the world, including the EU. Accordingly, LELO customers and clients outside of Germany will not be impacted by this ruling in any manner whatsoever at this point in time.
“LELO will make itself available to all German partners to discuss business plans moving forward with regard to suction devices. The company remains dedicated to its mission of delivering high-quality, innovative products to its customers.”
The impact of this case on the broader industry and on future innovations remains to be seen as both companies pursue their respective legal strategies. ETO will keep you informed of additional developments as they occur.
