Fact Check

Fact Check

Our aim is to provide in-depth knowledge for all those interested in va-Q-tec. For fact-based information, we use a wide variety of sources and expert statements. These can be accessed here.

Enjoined slogan “Safest Pharma Containers. Worldwide” – Regional Court Hamburg, Graz Regional Court for Civil Matters, and Graz Court of Appeals

By judgment of the Hamburg Regional Court (case no. 315 O 268/16), which has since become final and conclusive, the Swiss company SkyCell AG was enjoined, among other forms of relief, under penalty of an administrative fine or, in the alternative, administrative confinement, from any future advertising with the slogan “Safest Pharma Containers. Worldwide.” for commercial purposes in the Federal Republic of Germany. In the opinion of the court, SkyCell’s alleged advantage over its competitors with regard to temperature stability of its pharma containers was non-existent.

Following a complaint filed by va-Q-tec AG,   SkyCell was also enjoined (at trial and on appeal), among other forms of relief, by the Graz Regional Court for Civil Matters (case no. 35 Cg 62/20t-17) and the Graz Court of Appeals (case no. 5 R 43/21 i) from using the same claim for advertising purposes in Austria. The Graz Regional Court expressly stated that SkyCell’s claims that it had the safest containers, i.e., the containers with the best temperature stability, in the world was not true. SkyCell was also ordered to publish the holding of the judgment granting the application for injunctive relief and publication for a period of 30 days at a prominent location in the upper half of the home page of its website.

In response to a legal action brought by va-Q-tec AG, the Frankfurt am Main Regional Court ruled in a judgment pronounced on February 9, 2012 (case no. 2-06 O 128/19, appeal pending) that Pelican Bio Thermal had engaged in patent infringement by offering, marketing, or using the “Credo Cargo Bulk Shipper” shipping box. Pelican Bio Thermal was also ordered to recall and destroy infringing products that had been brought into commerce. In the opinion of the patent litigation division of the Frankfurt am Main Regional Court, va-Q-tec AG had established that the “Credo Cargo Bulk Shipper” makes use of all features of European patent EP 2 876 389 B1 and that therefore its distribution in Germany must be enjoined.

Claims made by competitors about patents had turned out to be false in the past:

“SkyCell holds the most patents in the pharmaceutical container industry” – Hamburg Regional Court

In response to a complaint filed by va-Q-tec AG, the Hamburg Regional Court (case no. 416 HKO 155/20) enjoined SkyCell by final and conclusive judgment from advertising for commercial purposes in the Federal Republic of Germany with the false claim that “SkyCell holds the most patents in the pharmaceutical container industry.” SkyCell was unable to prove that this was the case.

“SkyCell holds a portfolio of more than 100 highly innovative patents” – Hamburg Regional Court.

Following a final conclusive judgment by the Hamburg Regional Court (case. No. 416 HKO 157/20), SkyCell is no longer permitted to make this claim for commercial purposes in the Federal Republic of Germany. This claim proved to be false.

SkyCell: “It is the most patent-protected insulation technology on the market” – Hamburg Regional Court

In response to an application for preliminary injunction filed by va-Q-tec, the Hamburg Regional Court (case no. 315 O 323/20) enjoined SkyCell from advertising its passive cooling containers with the claim that it is the most patent-protected insulation technology on the market. SkyCell was unable to substantiate this claim. SkyCell subsequently recognized the preliminary injunction as final and binding between the parties.