Over a recent morning coffee, this moggy stumbled across what seems to be a further chapter in Nestec’s Nespresso wars. Not the appeal from the
Nestec v Dualit High Court decision (which Merpel is keenly awaiting for the reasons discussed in two earlier blogposts,
hereand
here); no, a new player is at the table. As reported
here at
Beverage Daily, the Ethical Coffee Company (
ECC) has initiated proceedings in France, alleging that Nestlé’s Nespresso machines infringe its European patent.
 |
Not quite the harpoon device
that Nestec had in mind ... |
ECC makes and sells capsules that are compatible with the Nespresso machine which, following the
Nestec v Dualit decision (and pending any appeal), do not infringe Nestec’s machine patents. However, it is alleged that Nestec introduced a “harpoon mechanism” into its machines in 2010, which grips the capsule and retains it in the correct position during and after emptying. This harpoon mechanism (which, ECC contends, is in the form of a barbed hook within the capsule extraction housing) apparently stopped ECC’s capsules from working properly in Nespresso machines, and allegedly infringes ECC’s European patent
EP2312978 B1 (“
Bet that made them paws for thought” quips Merpel.)
Naturally, Nestec disagrees with ECC’s assertions and does not believe the patent to be infringed. There is an ongoing opposition at the EPO (unfortunately this Moggy’s French is not up to understanding the lengthy submissions any time soon), and ECC are thought to be considering further suits in other territories and in relation to other patents. This promises to be worth watching, which of course the IPKat will do with fervour, for the sake of our readers.
