Jan Pot, Charlotte Tiems and Roza Rijpkema successfully represent Belmoca in case against KDE

On 25 July 2023, the Court of Appeal of The Hague rendered judgment in the case between KDE (part of Jacobs Douwe Egberts) and Belmoca, two producers of aluminium coffee capsules for use in Nespresso machines. KDE accused Belmoca of infringing its patent EP 2 996 521 (“A beverage Preparation System, a Capsule and a Method for forming a Beverage“) and has been litigating against Belmoca in several countries since 2018 to exclude its competitor from the market.

Like the PI judge and first-instance court, the Court of Appeal now rules that Belmoca’s capsules do not infringe KDE’s patent.

In the Court’s view, KDE has not shown that Belmoca’s capsules, when used in a machine, are plastically drawn over the leading edge of the enclosing member of the Nespresso machine, as required by KDE’s patent. On the contrary, according to the Court, Belmoca has demonstrated, citing i.a. KDE’s own reports, that its capsules do not fulfil this feature. The Court therefore dismisses KDE’s claims in their entirety and grants the declaration of non-infringement claimed by Belmoca. KDE is ordered to pay the legal costs of the proceedings.

Belmoca was assisted by Jan Pot, Charlotte Tiems and Roza Rijpkema.