Honeywell Control Systems v Sovex Systems (CFI, UPC_CFI_1135/2025, 18 September 2026)

Dhenne Avocats · 4 October 2026

Our analysis

Facts and procedure

Honeywell Control Systems, proprietor of European patent 2 563 695 on a telescopic belt conveyor, sued before the Mannheim Local Division after terminating in March 2024 a 2022 licence with the Netherlands-based defendants, which continued to offer the Bendy Boom product on several European markets. The defendants counterclaimed for revocation for lack of novelty and lack of inventive step. The oral hearing was held on 16 July 2026.

Question

Is the patent valid over the cited prior art, do continued sales after termination of the licence amount to infringement, and to what extent are the directors of the companies liable.

Decision

In its reasons the division upholds the patent, dismisses the counterclaim for revocation and finds infringement by two of the defendant companies. It declines to hold the directors liable merely by reason of their office.

Key points for practice

• The construction of the nesting feature, at paragraph 82, is that the unit withdraws into the adjacent unit rather than above it, which distinguishes the cited prior art.
• Accessory liability of a director requires, at paragraph 189, knowledge of the unlawfulness and a failure to stop it despite a reasonable ability to do so. The office alone is not enough.
• Termination of the licence puts the former licensee back in the position of a third party, so offers made afterwards are assessed as direct infringement.
• The case illustrates the interaction between the Court’s jurisdiction and the Brussels I bis Regulation where defendants are established in different States.

Provisions applied

European Patent Convention

Art. 54, Art. 56, Art. 69

Agreement on a Unified Patent Court

Art. 25, Art. 63

Brussels I bis Regulation

Art. 29, Art. 30

Independent commentary

JUVE Patent, 22 September 2026, an independent specialist news service, reports on this decision and on the measures ordered.

Summary prepared by Dhenne Avocats from the decision and the official registry record, consulted on 4 October 2026. It does not replace reading the decision itself.