“Lindt Prohibited from Using Vegan Chocolate Composition in Germany Following Patent Dispute”

Unprecedented Patent Dispute Over Vegan Chocolate Composition

In a rare occurrence, a patent dispute over the composition of foodstuffs has emerged, specifically concerning the manufacture of vegan chocolate. The Düsseldorf Regional Court has issued a prohibition against Swiss market leader Lindt & Sprüngli, barring the company from using a particular vegan chocolate composition in Germany (case ID: 4b O 58/23). This patent dispute is a unique event in the world of confectionery, where patents for sweets or chocolate seldom reach the patent courts.

The Patent in Question

The patent at the heart of the dispute, European patent EP 3 685 673, is owned by Katjes Fassin. This patent protects a recipe that utilizes hydrolysed oat milk. The process of hydrolysis breaks down the long-chain oat milk molecules, resulting in a creamier chocolate. Lindt’s German plant in Aachen was visited by officials to secure evidence during the dispute. The Düsseldorf judges, led by presiding judge Daniel Voß, ruled that Lindt is prohibited from using the patented composition and manufacturing process, as well as selling the relevant chocolate in Germany.

The Impact on Lindt’s Product Range

The ruling primarily affects Lindt’s Hello product range, which contains oat milk. Lindt has since introduced a vegan chocolate that does not contain oat milk, thereby circumventing the ruling. However, Katjes would first need to enforce the judgment to halt the sale of Lindt’s products in Germany. Lindt has announced plans to appeal the ruling.

Continued Disputes at the EPO

While the infringement action in Germany is currently the only dispute between Katjes and Lindt in civil courts across Europe, the two companies are also facing off at the European Patent Office (EPO). Five competitors of Katjes have filed opposition against the granting of EP 673, including Lindt, Swiss Coop Cooperative, Barry Callebaut, Nestlé, and Casa Luker. Despite the EPO Opposition Division rejecting the oppositions and upholding the patent in January, the opponents have filed an appeal with the Boards of Appeal.

Legal Teams and Representation

In the infringement proceedings, Katjes’ general counsel, Ulf Dörner, enlisted a mixed team from Bird & Bird, led by Christian Harmsen and patent attorney Michael Alt. This marks the first time Katjes has retained Bird & Bird’s patent team. Lindt collaborated for the first time with Mayer Brown partner Christoph Crützen, with support from associates Alexander Balan and Benjamin Beck. Lindt’s head of IP, Livia Andermatt, also instructed a patent attorney duo from the Munich IP firm Maiwald.

This patent dispute highlights the increasing importance of patents in the food industry, particularly in the burgeoning market for vegan products. As companies continue to innovate and create new products, the role of patents in protecting these innovations will undoubtedly become more critical.