A fresh attempt by Eurobent Sp.z.o.o. to set aside the preliminary injunction that prohibits, within Poland, the manufacture, offering, importing and putting Tiltex on the market has failed. The Regional Court in Legnica, Poland, on June 8, 2021, dismissed Eurobent’s motion for setting aside the preliminary injunction order. This is the third time Eurobent has failed to overturn the preliminary injunction.This decision is the subject of a further appeal.
Eurobent is the manufacturer of Tiltex (a sand/cement-filled geosynthetic clay liner marketed as a geosynthetic cementitious composite mat [GCCM]). Tiltex is also marketed by other companies under their own branding.
Pursuant to patent-infringement proceedings instituted by Concrete Canvas Technology Ltd. against Eurobent in Poland for infringement of patent PL/EP 2027319, Eurobent has been restrained by preliminary injunction from manufacturing, offering and marketing for sale Tiltex in Poland since April 2018. The preliminary injunction remains in force.
Notwithstanding the preliminary injunction being in place, Eurobent has an outstanding judgment against it for PLN 4,500,000 ($1,172,259)awarded in favor of Concrete Canvas Technology Ltd. in respect of violations of the preliminary injunction by Eurobent on 18 occasions by continuing to ship orders from its factory in Poland. Eurobent’s appeal of this award was rejected by the court of the 2nd Instance, although the decision is the subject of a further appeal. The main patent infringement action against Eurobent continues.