Brodrene Hartmann v Omni-Pac Verpackungsmittel (CFI, 21 August 2025)

Date	21 August 2025
Court	CFI
Division	Düsseldorf (DE) Local Division
Type of action	Infringement Action
Registry reference	ACT_13359/2024 · ORD_69456/2024
Parties	Brodrene Hartmann A/S v. Omni-Pac GmbH Verpackungsmittel, Omni-Pac Ekco GmbH Verpackungsmittel

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 21 August 2025 (UPC_CFI_115/2024 and UPC_CFI_377/2024), the judge-rapporteur of the Düsseldorf Local Division closed the interim procedure in Hartmann Packaging’s action against Omni-Pac Ekco and Omni-Pac for infringement of EP 2 755 901 (moulded fibre egg packaging) and in the counterclaim for revocation, without an interim conference.

Question

What guidance may the judge-rapporteur give, when closing the interim procedure, on the admissibility of requests and preparation for the oral hearing?

Decision

The judge provisionally identified the skilled person as a packaging engineer specialised in moulded fibre packaging and set out the feature analysis of claims 1 and 6 to be used at the hearing (points I and II). He considered that the recall request appeared insufficiently specific and noted that the interim award of EUR 11,000, said to cover the costs of the damages proceedings, exceeds the fixed fee of EUR 3,000 laid down for those proceedings (points III.1 and 2).

Hartmann must explain at the hearing how it understands the feature of positioning the projection and aperture in the mould. Illustrative documents must be uploaded by 28 August 2025, when the interim procedure closes (points III.3 to V).

Key points for practice

An interim award of damages computed by reference to the cost of later damages proceedings runs up against the applicable fixed fee of EUR 3,000.
Practical point: a recall request must be framed with sufficient precision in the statement of claim, the guidance given on closing the interim procedure provides an opportunity to correct it before the hearing.

Provisions applied

Rules of Procedure: Rules 104, 110.1, 113.1, 113.3 and 132
Case law cited: Ortovox v Mammut, Düsseldorf Local Division, 14 January 2025 (UPC_CFI_16/2024)

Related decisions

Hartmann Packaging v Omni-Pac Ekco, 15 October 2025, decision on the merits of the Düsseldorf Local Division.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.

Going further

Lexicon: Patent infringement action.

Publications by Matthieu Dhenne: Pleading the Long Arm: What a UPC Statement of Claim Must Carry Beyond Jurisdiction (Kluwer Patent Blog).

Source and translations

Official source: Unified Patent Court registry link recorded in the record
Original language: not recorded
Translation available: no translation recorded the firm’s French record is a summary, not a translation
Date checked: not recorded

Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

defendantOmni-Pac Ekco GmbH Verpackungsmittel5 decisions in the corpus Follow this party
defendantOmni-Pac GmbH Verpackungsmittel5 decisions in the corpus Follow this party
claimantBrodrene Hartmann A/S3 decisions in the corpus Follow this party

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act: Infringement Action
Outcome (Dhenne Avocats summary): La mise en état est close au 28 août 2025 sans conférence intermédiaire. Le juge rapporteur indique que la demande de rappel paraît indéterminée et que la provision demandée excède la taxe fixe de 3 000 euros.
Appeal: No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance: First-instance decision, whether it has become final is not recorded.

Patents mentioned

EP 2 755 901 mentioned in: Dhenne Avocats analysis Follow this patent

Related decisions cited in the analyses

Hartmann Packaging v Omni-Pac Ekco GmbH Verpackungsmittel (CFI, 15 October 2025) cited in this record
Ortovox Sportartikel v Mammut Sports Group (CFI, 14 January 2025) cited in this record

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

Publication	Role in the dispute	Family	Standard and declaration	Pool	Sources
`EP 2 755 901`	Mentioned in the analysis (role not qualified) Also mentioned in 4 other decision(s): Hartmann Packaging v Omni-Pac Ekco GmbH Verpackungsmittel (CoA, 19 Aug · Hartmann Packaging v Omni-Pac Ekco GmbH Verpackungsmittel (CFI, 15 Oct · Hartmann Packaging v Omni-Pac Ekco GmbH Verpackungsmittel (CFI, 20 Mar · Hartmann Packaging v Omni-Pac Ekco (CFI, 4 March 2025)	not recorded	not recorded	not recorded	Espacenet links not checked mentioned in: Dhenne Avocats analysis

The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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