CELEX: C2005/229/81
Language: en
Date: 2005-09-17 00:00:00
Title: Case T-295/05: Action brought on 1 August 2005 by Document Security Systems, Inc. against the European Central Bank

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/39
            
         Action brought on 1 August 2005 by Document Security Systems, Inc. against the European Central Bank
   (Case T-295/05)
   (2005/C 229/81)
   Language of the case: English
   An action against the European Central Bank was brought before the Court of First Instance of the European Communities on 1 August 2005 by Document Security Systems, Inc., established in Rochester, New York (USA), represented by C. Stanbrook, barrister, H. Sheroton and L. Cohen, solicitors, and B. Uphoff, lawyer.
   The applicant claims that the Court should:
   
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               declare that the ECB has infringed the patent;
            
         
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               award damages and interest to be paid by the defendant to the applicant, such amounts to be assessed by separate inquiry in respect of the infringing acts;
            
         
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               award damages in lieu of an injunction in respect of banknotes printed for and on behalf of the defendant after the date of the judgement until expiry of the patent (such amounts to be assessed by separate inquiry);
            
         
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               award costs;
            
         
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               order such further or other relief as the Court shall determine.
            
         Pleas in law and main arguments
   The applicant claims that his European Patent 0 455 750 B1, entitled ‘Method of making a nonreplicable document’, has been infringed by the defendant and seeks, in accordance with Article 288 EC, an award of damages by way of payment of a reasonable royalty for the use of the invention of the patent.
   The invention of the patent consists of a method of designing and printing an original document that combats counterfeiting by digital scanning devices. The method involves determining the scanning pitch of a copying device to be protected against and creating an appropriate grid that would give rise to interference patterns, such as moiré patterns, when copied on that scanning device. The grid is overlayed on an original image to produce a printed genuine document in which the grid is usually not discernible to the naked eye.
   According to the applicant, the invention of the patent was used in the designing and the printing of the Euro banknotes, under the authorization of the European Central Bank. The applicant claims furthermore that the issue, keeping and circulation of the Euro banknotes constitutes an infringement of his patent