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Compatible capsules: Caffitaly loses precautionary proceedings against Gruppo Gimoka

The StRemio compatible capsule produced by Gimoka

MILAN, Italy – The Companies Court of Milan has ruled that Gimoka® and StRemio® capsules produced by Gruppo Gimoka S.p.A. do not infringe the patent rights owned by Caffitaly System S.p.A. The single-serve coffee market has attained another court ruling in favour of compatible capsule manufacturers.

In recent years, a well-known multinational company was defeated in court, first by an innovative eco-friendly coffee capsules producer and then by a well-known Italian coffee roaster. The last court ruling has confirmed the general right to produce capsules for beverage machines that are not produced by the manufacturer itself.

On 4 May, 2020, the Companies Court of Milan rejected Caffitaly System’s request to issue precautionary measures against Caffitaly® compatible capsules produced by Gruppo Gimoka with the Gimoka® and StRemio® brands.

Gimoka
Bottom view and top view of the proprietary compatible capsule

The Milan Court ruled in favour of Gruppo Gimoka ‒ both in the Court of First Instance and in the Court of Appeals ‒ rejecting by means of a further order dated 9 July also the complaint lodged by Caffitaly System, in particular within the framework of the precautionary proceedings instituted by Caffitaly System against Gruppo Gimoka with the aim of obtaining a declaration of infringement of 4 industrial property rights3 European patents, 1 Italian patent and 1 Community design – and consequent precautionary measures.

The Federal Court of Australia reached the same conclusion in a judgment passed on 19 June in a court case in which Caffitaly System had proposed the same complaints as those filed with the Companies Court of Milan.