A German court has upheld Sulzer Mixpac's patent claim against German firm Ritter in a dispute over Sulzer's dental mixing tips.
Sulzer's mixing tips are two-component static mixing solutions for dental applications. They have a unique trademark dome shape and colors (yellow, teal, blue, pink, purple, and brown) used with a materials cartridge. Mixpac dental products are made exclusively by Sulzer Mixpac at its factory in Switzerland.
The dispute between the firms began when Sulzer sued Ritter, claiming its static mixers copied Sulzer's patented mixers, according to a press release. In 2009, a German court ruled that Ritter had infringed on Sulzer's European patent. Ritter then appealed to a German patent court for the right to use the mixing tips in Germany, but the court confirmed the earlier ruling in favor of Sulzer.
Ritter again appealed the ruling, which was denied in favor of Sulzer in August, allowing the infringement decision against Ritter to remain in force.
The case is the latest brought by Sulzer regarding trademark and patent rights of its mixing tips.
In March, the U.S. District Court for the Southern District of New York ruled that so-called new-design transparent base mixing tips made by Seil Global of Korea were counterfeit and infringed Sulzer's U.S. trademark registrations for the shape and color of the mixing tips and the company's U.S. patent.
Seil Global appealed the decision, but it was upheld in favor of Sulzer. The permanent injunction prohibits further advertising, sale, or offer for sale of the mixing tips made by Seil Global in the U.S. by Spident USA and Spident Korea.
The order also prohibited Seil Global or Seil Dentech from advertising, distributing, selling, or offering for sale the clear-body mixing tips in the U.S.
