Federal Patent Court tends to favor the opinion of S.A.F.E. e.V.-Successful certification of the Transparceny Software version 1.3.0 (workaround solution )
On October 23, 2023, the Federal Patent Court ruled in the patent dispute between the S.A.F.E. e.V. and Compleo Charging Solutions AG regarding the patents EP 2 532 368 B1 and EP 2755846B1 sent a court notice to the parties in accordance with Section 83 Paragraph 1. The court then leans in favor of the S.A.F.E. opinion. e.V, who filed an annulment action at the end of 2022 and beginning of 2023 to clarify the legal validity of the two patents.
Even if this judicial notice does not represent a judgment of the patent court, this communication is of considerable importance because such an initial assessment by the judges is not made carelessly. It opens up space to find an amicable solution between parties to the dispute without having to go through a lengthy and costly process. The board of the S.A.F.E. e.V. is now striving for a quick agreement with the management of Compleo Charging Solutions AG and the current owner of the patents, Compleo Charging Solutions GmbH & Co. KG, in order to create clarity and final legal certainty for all users of the transparency software.
Background to the patent litigation After the S.A.F.E. e.V. had already filed a nullity action for the Compleo patent EP 2 532 368 B1 with the Federal Patent Court in Munich shortly before Christmas last year, a nullity action for the second patent EP 2755846B1 was also filed on January 25, 2023 to clarify the legal validity. Both patents describe a process that meets the requirements of the “Physikalisch Technische Bundesanstalt” (PTB) for the certification of charging infrastructure in accordance with calibration law in conjunction with transparency software and has been common practice for years. Compleo Charging Solutions AG announced in the summer of 2022 that it would commercialize the two patents. After its insolvency, an investor acquired the AG's assets and continues operations under the name Compleo Charging Solutions GmbH & Co. KG.
Workaround certified A final report is available at one of the S.A.F.E. e.V. developed a solution which, according to patent attorneys, does not infringe the patents mentioned above. The PTB has successfully completed the testing process of the transparency software in version 1.3.0, said Hauke Hinrichs, CEO of SMATRICS and first chairman of S.A.F.E. e.V. The new version of the transparency software is now available to all members on the homepage. Hardware manufacturers could then go into certification with the new solution and be completely independent of the duration and outcome of the legal dispute over the patents and the S.A.F.E. negotiations. e.V. with Compleo Charging Solutions AG or the new patent holder.