In both proceedings, over the last weeks, important milestones were achieved by Rogers:

In the first proceedings, on January 8, 2020, the Higher Regional
Court of Karlsruhe issued an order to take evidence. This order was
rendered in proceedings against KCC Corporation and its German
subsidiary KCC Europe GmbH regarding direct copper bonded (DCB)
substrates produced by KCC in South Korea. Rogers filed complaints
against both KCC companies on December 3, 2015 for infringing the German
 part of the European Patent 1 412 307 (in the following: “EP ‘307”) by
selling DCB substrates manufactured using a process protected under
claim 1 of EP ‘307. At first instance, the Regional Court of Mannheim
had initially dismissed the complaints by decisions of May 9, 2017. On
appeal, however, the Higher Regional Court of Karlsruhe did not follow
the Regional Court’s construction of claim 1 of EP ‘307; instead, it
ordered that a court expert should examine whether KCC’s process
realizes the asserted claim features of EP ‘307.

In the second proceedings, on December 20, 2019, the Regional Court
of Duesseldorf issued a judgment finding that KCC Corporation infringed a
 further patent of Rogers. This patent, the German part of the European
Patent 1 061 783 (in the following: “EP ‘783”) relates to ceramic-metal
multiple substrates, which are typically known as “DCB master cards” in
the industry. In addition to finding that KCC Corporation is liable to
pay damages to Rogers Germany GmbH in principle, the Court, among other
things, also ordered KCC Corporation to refrain from offering and
distributing patent-infringing DCB master cards in Germany. This
judgment is provisionally enforceable if Rogers provides a corresponding
 security and subject to appeal.

The judgment was based on inspection proceedings initiated by Rogers
in the spring of 2016. Based on a corresponding order by the Regional
Court of Duesseldorf, DCB master cards presented by KCC at the “PCIM
Europe” trade fair in Duesseldorf (May 10-12, 2016) were inspected by a
court expert and seized. The court expert examined KCC’s seized master
card and prepared three expert opinions. On the basis of these expert
opinions, Rogers Germany GmbH filed a patent infringement complaint
against KCC Corporation before the Regional Court of Duesseldorf on May
28, 2018, leading to the positive infringement judgment of December 20,
2019.

KCC initiated validity challenges against both patents. With regard
to EP ‘307, KCC Europe GmbH filed a nullity complaint with the German
Federal Patent Court against Rogers Germany GmbH on March 3, 2016. By
judgment of April 10, 2018, the Federal Patent Court dismissed KCC’s
nullity complaint in its entirety (see our press release of April 26,
2018). KCC’s appeal against this decision is currently pending. The
validity of EP ‘783 was first challenged by an opposition notice filed
with the European Patent Office (EPO). The EPO Opposition Division
upheld claim 1 of EP ‘783 in amended form, which formed the basis of the
 successful infringement complaint before the Regional Court of
Duesseldorf. After the appeal against the EPO decision had been
withdrawn, KCC Europe GmbH filed a nullity complaint with the German
Federal Court with regard to EP ’783 in the summer of 2019. The nullity
proceedings regarding EP ‘783 are still pending.

“Rogers is a technology leader in providing materials-based
solutions in many different application areas, and we will enforce our
patent rights to protect our substantial investment in innovation,”
said Robert C. Daigle, Senior Vice President and Chief Technology
Officer of Rogers Corporation, the parent company of Rogers Germany
GmbH. DCB substrates are used for high performance power electronics
applications. They consist of electrically insulating industrial
ceramics and copper foil directly bonded to each other, and – because of
 this direct bonding – they have high thermal conductivity, superior
heat spreading capability and low thermal expansion properties. Rogers
and KCC are competitors on the inter-national market for DCB substrates
and the above-mentioned proceedings are part of larger litigation
between Rogers and KCC of international relevance.

Representatives of Rogers: BARDEHLE PAGENBERG (Munich)
(Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), Partner)
(German and European Patent Attorney, Partner)
(Attorney-at-Law, Certified IP Lawyer, Partner)
(German and European Patent Attorney, Partner)
r (Attorney-at-Law, Counsel)
(Attorney-at-Law, Senior Associate)

Representatives of KCC: Bird & Bird (Duesseldorf, Munich)
Dr.  Meyer (Attorney-at-Law), Dr. Kinkeldey (German and European Patent
Attorney), Dr. Kuta (Attorney-at-Law), Dr. Obermeier (Attorney-at-Law)

6th Civil Senate of the Higher Regional Court of Karlsruhe (docket no. 6 U 70/17 and 6 U 71/17):
Presiding Judge at the Higher Regional Court Voß
Presiding Judge at the Higher Regional Court Dr. Stecher
Judge at the Higher Regional Court Prof. Dr. Singer

4bth Civil Chamber of the Regional Court of Düsseldorf (docket no. 4b O 44/16 and 4b O 45/18):
Presiding Judge at the Regional Court Dr. Voß
Judge at the Regional Court Terlinden
Judge at the Regional Court Dr. Gruneberg