January 2021 Vol. 6

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NEWSMAKERS: * Concrete Canvas™ * EuroBent * ExcelPlas * GCCM * GNA * Tiltex™

BREAKING NEWS

Concrete Canvas Press Release – ‘EUROBENT PRESS RELEASE MISLEADING – PRELIMINARY INJUNCTION STILL IN FORCE – IT REMAINS ILLEGAL FOR EUROBENT TO MANUFACTURE TILTEX IN POLAND.’
https://cloud.excelplas.com/s/axaHmH1JscKQkL5#pdfviewer

Concrete Canvas Technology Ltd. wishes to clarify that the below are and remain matters of fact:

  1. A Preliminary Injunction, granted by the Regional Court of Legnica in Poland, that prohibits Eurobent from manufacturing, offering, importing and putting Tiltex™ on the market is in force in Poland. It remains in force.
    https://www.concretecanvas.com/hundreds-of-tiltex-rolls-seized-in-raid-on-eurobent-factory/

    IT IS ILLEGAL FOR EUROBENT TO MANUFACTURE TILTEX IN POLAND
     
  2. ​Eurobent has appealed the Preliminary Injunction granted by the Legnica court on three occasions; all have been unsuccessful.
  3. The Court in Legnica is the Polish court seized with determining the merits of the patent infringement action instituted in 2018 by Concrete Canvas against Eurobent in Poland.  That action is live and pending before the Courts.
  4. Concrete Canvas Technology Ltd. has enforcement proceedings pending in the Polish Courts in Świdnica for wilful violation by Eurobent of the preliminary injunction in Legnica including substantial evidence of the manufacture of Tiltex™, in clear breach of the preliminary injunction, seized in a raid by court bailiffs on Eurobent’s factory.  

The Regional Court of Warsaw was seized only in respect of supplemental preliminary injunction proceedings which were brought by Concrete Canvas to restrain the export of Tiltex™ from Poland.  The original motion for an additional preliminary injunction to restrain acts of export from Poland was initially granted by the court of first instance in Warsaw.  Whilst the Regional Court in Warsaw has now reversed the order of the court of first instance no written grounds upon which the decision was granted have been made available. It is false and misleading for Eurobent draw any conclusions on the underlying merits of Concrete Canvas’s claim. To reiterate, neither the status nor the merits of the pending patent infringement action, or the preliminary injunction of the Legnica court, are impacted in any way by this decision.

The enforcement proceedings before the District Court in Świdnica are also unaffected by the decision of the Regional Court in Warsaw.  It remains illegal for Eurobent to manufacture or distribute Tiltex in Poland and the fine, among the highest ever determined for a case of this type, for breaching the court order remains in force.


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