Unilin Withdraws from Preliminary Injunction against UWC
Hannover, Germany -- Ulrich Windmöller Consulting (UWC) recently announced that it is starting to license patent rights directly for its Windmöller locking patents, covering LVT, SPC, and WPC products with its strategic partner, I4F. This follows Unilin/Flooring Industries’ withdrawal from a preliminary injunction case relating to the termination of its exclusivity agreement with UWC on the licensing of certain Windmöller patents.
As a consequence, the preliminary injunction, previously issued by the Court of Dusseldorf in February 2018 as an interim measure prior to any final decision resulting from a case on the merits, is now fully lifted. Additionally, Unilin did not comply with a court order, issued upon the request of UWC, to file proceedings on the merits.
Unilin’s withdrawal of the motion for a preliminary injunction, as well as its failure to file proceedings on the merits, confirms UWC’s standpoint that the agreement with Unilin/Flooring Industries was validly terminated due to a material breach of contract, and that all licenses granted by Unilin/Flooring Industries after the termination of the exclusivity agreement are null and void.
Last month, Mohawk International Services BVBA withdrew from a revocation action, filed via a UK law firm, against Windmöller patent EP (UK) 1938963 in the UK. Mohawk withdrew after acknowledging that it was responsible for the filing despite its affiliated company, Flooring Industries, having exclusive sub-licensing rights to this patent at the time of the invalidity filing. Unilin had previously denied its involvement in the filing.
UWC owns all the patent rights for Windmöller Plastic Core Patents in Europe (EP1938963, EP2744657) and is also co-owner of the Windmöller Patents Rights in the US (US 8,071,193; US 8,857,127; US 8,728,603) together with Kowon R&C. UWC also owns the patent rights for US 8,689,513.
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