SWARCO successfully defends patent EP 2 643 717 in UPC nullity proceedings
In January 2025, the Unified Patent Court (UPC) in Vienna confirmed that optical systems manufactured by the Chinese company Chainzone Technology Co. Ltd. and implemented in LED-based variable message signs infringed SWARCO FUTURIT’s European Patent EP 2 643 717 relating to a colour-mixing convergent optical system.
The UPC decision has become final and valid with respect to all UPC member states in which the patent has effect.
However, following this outcome, another legal action was initiated.
The plaintiff, an individual apparently not being active in the market himself, and Chainzone Technology Co. Ltd. initiated nullity proceedings concerning the patent EP 2 643 717 at the Central Division of the Unified Patent Court (UPC) in Paris, challenging the validity of the patent.
In its decision dated 25 June 2026, the Paris Central Division of the UPC dismissed the revocation action and upheld SWARCO’s patent in its entirety. The Court emphasised in its written decision that none of the grounds of invalidity asserted by the plaintiff and Chainzone had any merit.
Michael Schuch, CEO of the SWARCO Group, comments that “the decision represents an important confirmation of SWARCO’s innovation strategy and its commitment to protecting intellectual property rights. It further underlines the strength of SWARCO’s patent portfolio and our continuous investment in advanced traffic management and signalling technologies.”
“As an innovator in signaling technology, we have been developing best-in-class solutions for dynamic road signs, putting particular emphasis on their optical readability while minimizing energy consumption and providing the market-leading total cost of ownership ratio”, said SWARCO FUTURIT Managing Director Stefan Eckhardt. “We continuously test our solutions and protect them with patents to ensure that our customers receive high-quality and innovative products based on the latest technology. We are pleased with the outcome of the proceedings that reaffirms our belief in fair competition, healthy business relationships, and the importance of protecting the integrity of patented technologies that benefit our customers."
SWARCO recognises the potential impact of the UPC ruling on operators, purchasers, and users of the affected products. The company is open to engage with all relevant stakeholders to discuss appropriate solutions while safeguarding its intellectual property rights.
While the UPC decision may be subject to further appeal, SWARCO remains confident in the Court's findings and in the strength of European Patent EP 2 643 717 which has been maintained in its entirety.
