According to news sources, the Dusseldorf Regional Court has refused a request for preliminary injunction filed by Nestlé seeking to stop competitors from selling capsules that fit its Nespresso™ coffee makers in Germany. The court reportedly ruled that Nestlé’s patent for the machine does not extend to capsules sold at a lower price by two other Swiss firms. Defendants Ethical Coffee and Betron market their products in a number of European countries as “usable for Nespresso machines.” The rival capsules are about a third less expensive than the Nestlé capsules. The company, which has aggressively defended its Nespresso™ business—worth $3.6 billion worldwide—can apparently either ask the court for a full civil-trial process or appeal the ruling. See The New York Times, Associated Press and Bloomberg, August 16, 2012.
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German court refuses to stop sale of rival capsules compatible with Nestlé coffee machines
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