Court of Appeals confirms injunction on direct Patent Infringement

Following the oral hearing on Nov. 3, 2005, the Dutch Court of Appeals in The Hague confirmed on Feb. 23, 2006, that

- the Dutch companies HOUTTUIN B.V. (a member of the COLFAX Pump Group) and ROSSCOR INTERNATIONAL B.V. directly infringe the Dutch part of the BORNEMANN multiphase patent No. EP 0 699 276 by amongst others, manufacturing, offering, selling and using the patented Multiphase Pump, and

- the Dutch part of the BORNEMANN patent relating to the pump is valid.

The legal proceedings were instituted in connection with the manufacture, offer and sale by HOUTTUIN and ROSSCOR of the patented multiphase pump.

In 2001 BORNEMANN became aware of these activities and of the delivery of these pumps to companies in the former Soviet Union. BORNEMANN thereupon sent warning letters to both companies on October 30, 2001. As the companies were not willing to voluntarily cease their activities, BORNEMANN decided to start infringement proceedings against both companies in March 2002. After successful proceedings in first instance, the Court of Appeals confirmed the decision of the district court regarding the patented pump design. Furthermore it rejected the method claims and confirmed Bornemann´s right to inform third parties about the outcome of the proceedings.