Bittersweet win for inventor against Aldi at Regional Court Düsseldorf

Aldi Nord is no longer allowed to use certain securing devices for stacking trolleys. The Düsseldorf Regional Court found that the discounter and its suppliers had infringed an inventor's patent and ordered them to cease and desist. However, regarding the calculation of damages, the court did not follow the patent owner's requests.

The dispute centres on German patent DE 10 2017 008 892.6, which protects a stack securing device for transport trucks. This device secures CC containers, commonly used in the wholesale plant trade, when stacked. Inventor Uwe Dominik has protected this and similar devices with German and European patents.

CC containers are steel trolleys used to transport and display flowers and plants. Flower wholesalers use them to supply retail customers, including discounters such as Aldi. The trolleys are often stacked for transport in lorries. The plastic device developed by Dominik connects the metal struts at the corners of the roll containers when stacked. Without it, accidents can occur during transport.

Supplier joins proceedings

The patent holder accuses Aldi Nord of infringement because the company’s flowers and plants are delivered in these CC containers. The discounter brought its suppliers Landgard and Ovibell into the proceedings as third parties. However, only Landgard, one of Germany’s largest producer cooperatives for flowers, plants, fruit and vegetables, joined as an intervener.

According to Patent Chamber 4b at the Regional Court of Düsseldorf, the patent has been infringed (case ID: 4b O 22/24). However, the court conceded that Aldi Nord could not have known about possible infringement until 2023 at the earliest, when Dominik informed the discounter. The infringement therefore does not date back to 2019, as claimed by the patent holder. This period is important for calculating potential damages.

Damages not based on turnover

The court also rejected the plaintiff’s claim to calculate damages based on Aldi Nord’s plant sales during the period. Presiding judge Schröder, who took over following Daniel Voß’s departure, sees no causality between plant sales and the infringed patent. The judges argued that, after all, the plants would have been delivered and sold even without the stacking sleeves.

Another challenge in calculating damages is likely to be that CC containers rotate between many companies in a reusable pool. This may make it difficult to trace where patent-infringing products originated in the supply chain and who bears liability for the resulting damage.

In parallel opposition proceedings, the Federal Patent Court upheld the patent in amended form (case ID: 9W (pat) 7/24). Besides DE 892, Dominik also holds a European patent for the invention. In mid-March, the EPO Opposition Division upheld EP 3 470 298 in amended form. Landgard and Dutch roll container manufacturer Bunnik had filed the oppositions.