Today we received from our legal office the purview of the judgement of the Court of Trieste lodged on 28 June 2007 in the lawsuit filed by Mr. Alberto Fiorenzi, Fiorenzi Marine Group s.r.l., Marine Enterprise Projects s.r.l. and H.T.M. s.r.l. against Genesis International AS and Elvstrom Sobstad.
The result of the judgement is completely in favour of Alberto Fiorenzi and of the enterprises of the Holding – Fiorenzi Marine Group, the Court having:
# established that the national patent Fiorenzi (Spidertech) 1.333.365, registered with the priority of the related request of the international patent PCT (Patent Cooperation Treaty) to be in force in the countries of the EPC (European Patent Convention) and in other ones, is valid, independent, and not in any breach of the patents of Conrad (Genesis);
# established that the manufacturing and the commercial basis of the Spidertech sails are fair dealings and do not infringe the exclusive rights of the counterparts in any way;
# rejected, as they are considered unfounded, all the requests of the counterpart, even those referring to assessment of infringement and the claim for damages;
# convicted the counterpart for the reimbursement of the legal charges and definitively settled for the counterpart to pay for the CTU (i.e. Experts appointed by the Court) charges.Valencia, 03/07/2007
What has been stated above is in short the result of the lawsuit brought by Alberto Fiorenzi and the enterprises of the Holding – Fiorenzi Marine Group to react against the pressing requests from Elvestrom/Sobstad to stop the manufacturing of Spidertech.
The decision to file a lawsuit against the Danish enterprise was taken in order to bring the truth to light about a matter in the marketplace and to rule our independence from every previously registered patent. The judgement might be appealed by the participating companies but the European patent Conrad (Genesis) EP 249.427 – as well as the USA patent, from which the European one derives (which was the reason that started the lawsuit), is definitively expired in the meanwhile and therefore is no longer valid.
Here follows today’s statement by Alberto Fiorenzi, CEO of FMG:
We are obviously very satisfied with the verdict of the Court. This decision confirms again what was already determined by some of the patent
registration offices where we have lodged a petition for an industrial patentright.
By inventing the Spidertech Integrated System we have focused our attention mainly on solving the challenges to optimize the design and production
processes of the sails with a highly innovative approach.
Thanks to our twenty years of experience in the field of materials and fabrics for the production of sails, we succeeded in giving new innovative tools to sail designers and sailmakers. After only barely 3 years since the launching of our Spidertech Integrated System we have exceeded not only the expectations of the Italian Market but also the rest of the International Market. (more…)
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The follow-up party organized for all sailmakers of America’s Cup Teams has been a great success!! This year we have succeeded in getting the sailmakers of the best teams involved in a spirit of joy and happiness to celebrate together the event, although being ourselves aware of their everyday committment in the match races and of the hard work in trying to achieve the common aim: make the best sailcloths to win the America’s Cup!!
