Jun 24 2009
The Opposition Division of the European Patent Office (EPO) recently revoked, in its entirety, HTC's European patent directed to a method for maintaining hard floor surfaces using a flexible pad with diamond particles. The decision was issued as a result of oppositions filed against the patent by 3M Innovative Properties Co. and KGS Diamond Holding B.V., and is subject to appeal.
This decision makes HTC's European Patent No. 1 702 714 practically unenforceable in the designated European States, with the sole exception of Sweden, where the Stockholm appeal court had previously issued preliminary injunctions - limited to Sweden - against the Swedish Airport Authority and City Papper AB prohibiting their use of 3M Scotch-Brite Diamond Floor Pads Plus, Purple and Sienna. 3M has filed a nullity action against the Swedish portion of HTC's European patent, and papers will be filed in the Swedish courts seeking an immediate lifting of the injunctions previously issued.
3M has been a supplier of floor pads since the 1950s. Today, 3M's wide portfolio of floor care products, which includes Scotch-Brite floor pads, provides solutions to most floor maintenance needs.