On 29 March 2011, judgment was handed down by the Court of Appeal (England & Wales) in the case of SCHÜTZ (UK) LIMITED against WERIT UK LIMITED in case number A3/2010/1274.

The Court upheld the validity of Schütz's patent European Patent (UK) No. 0 734 967 B1, and further held that Werit's sales of IBC bottles to Delta Containers Limited for use in Schütz cages infringed the Schütz patent. Werit is seeking permission to appeal this judgment from the Supreme Court.

The Court has injuncted Werit from any further infringements, but this injunction has been stayed pending the outcome of Werit's application for permission to appeal or, if permission is granted, the appeal. The Court has also required that there be an inquiry as to the damage caused to Schütz or an account of the profits gained by Werit from the infringement. Whilst the injunction is stayed, Werit may make sales of its bottles. If Werit fails to obtain permission to appeal or permission is granted but its appeal does not succeed, the stay will be lifted. Werit would then remain at liberty to make sales of its bottles, provided that they are not sold for use in Schütz cages.

For further information, a copy of the judgment can be found here - http://www.bailii.org/ew/cases/EWCA/Civ/2011/303.html

The decision of the Court of Appeal (England & Wales) has effect only in the United Kingdom.

In a decision dated 27 June 2007, the Landgericht in Frankfurt held that replacing the bottle in Schütz IBCs with a bottle made by a third party did not infringe the German part of the patent (European Patent (DE) No 0734 967) (pack2pack v Schütz Case 2-06 O 269/07 of 27th June 2007). Although Schütz appealed, it later withdrew its appeal after the hearing but before judgment.

There are also proceedings in Germany concerning the same patent between Schütz and Mauser. In a decision dated 20 May 2010, the Landgericht in Munich held that sale of IBC bottles by Mauser for use in Schütz cages did not infringe the German part of the patent (European Patent (DE) No 0734 967).