On 22 December 2015, the Regional Court of Mannheim upheld a complaint brought by Robert Bosch GmbH for infringement of its European patent EP 1 943 129 B1 against Mitsuba Germany GmbH (2 O 14/15). The patent in suit protects a windshield wiper system with a self-locking device that is active when the wiper drive is in a non-operating state.

The contested windshield wipers from Mitsuba have so far been installed in various vehicle models. The Regional Court has now prohibited Mitsuba Germany GmbH from continuing to offer the windshield wiper systems in Germany and ordered the latter to compensate Robert Bosch GmbH for any damages sustained as a result of the patent infringement since October 2009.

The judgment against Mitsuba Germany GmbH, including an injunction and the entitlement to disclosure of information and rendering of accounts, is provisionally enforceable subject to posting a bond. Mitsuba may appeal the ruling. In view of this infringement action, Mitsuba filed a nullity action against the patent in suit with the German Federal Patent Court, on which a verdict has not yet been reached.

The Regional Court found no corporate liability of Mitsuba Corporation in this case. A further complaint based on the same patent against Mitsuba Automotive Systems of Europe Kft., which manufactures the contested windshield wipers in Hungary and supplies them to Germany, is still pending in a separate action (2 O 111/15).

The DLA Piper team led by partner Dr Markus Gampp (Munich) comprised counsel Dr. Christian Kau as well as associates Doerthe Minde (both Cologne) and Constanze Linnebach (Munich, all Patent Litigation).