Just heard today that Leica lost their appeal to overturn the verdict of them infringing the Swarovski Z6 patent. They have been ordered to withdraw the scopes from the trade. What a blow to them.

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Swarovski riflescope patent infringed by Leica

Swarovski-Optik KG
May 2013
Swarovski-Optik KG brought an action in the Patents Court in London against Leica Camera AG and another (“Leica”) for the infringement of its European patent for an extended zoom riflescope by Leica’s Magnus range.

The trial took place before Mr Justice Vos in April 2013 and judgment was delivered on 10 May 2013. Swarovski’s patent was held valid and infringed with all of Leica’s validity attacks on novelty, inventive step, added matter and insufficiency failing. In the subsequent hearing on the form of order, Swarovski was awarded remedies including a final injunction against further sales of the Magnus range by Leica in the UK and costs.

An interesting side note to the action is that Swarovski had applied for it to be stayed pending the outcome of parallel opposition proceedings before the European Patent Office. The application was refused following Court of Appeal guidance on achieving commercial certainty in the UK by an early decision here. That guidance has now been doubted by the Supreme Court in its July 2013 decision in Virgin Atlantic v Zodiac Seats. In the future, stays will be the norm.

Swarovski was advised by Fasken Martineau with a team including Ralph Cox (Head of Contentious IP in London) and Tanvi Shah (Commercial IP).

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Judgment upheld: SWAROVSKI OPTIK wins patent case in the UK June 03 2014

On May 15, 2014, the Court of Appeal in London upheld the judgment against Leica Camera AG due to its infringement of the Z6 rifle scope patent belonging to SWAROVSKI OPTIK.

SWAROVSKI OPTIK has emerged victorious in a patent dispute against Leica Camera AG at the Court of Appeal in London. The judges rejected an appeal lodged by Leica and upheld a decision made by the UK Patents Court in May 2013, according to which Leica Camera AG had infringed a patent for the Z6 rifle scope belonging to SWAROVSKI OPTIK. The judgment is binding in the UK.

The patent dispute arose on the basis of a rifle scope from Leica that was presented in 2011 at the IWA & OutdoorClassics trade show in Nuremberg, Germany. During this event, SWAROVSKI OPTIK’s patent law experts noticed striking similarities in terms of optical and mechanical design with SWAROVSKI OPTIK’s patented Z6 rifle scopes. Subsequently, legal proceedings were brought against Leica Camera AG due to its infringement of this European patent.

Dr. Gerd Schreiter, Member of the Executive Board and CTO at SWAROVSKI OPTIK, welcomed the judgment from the Court of Appeal in London: “The judges upheld the decision. This has maintained the protection for our innovations that continue to guarantee SWAROVSKI OPTIK’s position as the leading technology provider in the industry.”

SWAROVSKI OPTIK

SWAROVSKI OPTIK, headquartered in Absam, Tyrol, is part of the Swarovski group of companies. Founded in 1949, the Austrian company specializes in the development and manufacturing of long-range optical instruments of the highest precision in the premium segment of the market. The binoculars, spotting scopes, rifle scopes, and optronic instruments are products of choice for demanding users. The company’s success is based on its innovative strength, the quality and intrinsic value of its products and their functional and esthetic design. The appreciation of nature is an essential part of its company philosophy and is reflected commendably in its environment-friendly production and its long-term commitment to selected nature conservation projects. The turnover in 2013 was 123.6 million euro (2012: 117.6 million euro) and the export ratio is 91%. The company has over 800 employees.

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quote:

infringing the Swarovski Z6 patent

In the competitive market today and the high cost of research & development behind it, no company can afford an infringement of their patents. The Swarovski Z6 patent is protecting their top of the line scope that received plenty accolades.

What Leica did was to offer a similar product but at a much reduced price level. The problem is what will happen now with regard to after sales service on the scopes that have been sold.

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