Munich, 21 April 2026: BRITA SE, the global market leader in drinking water filters, has successfully prevailed against the Polish filter cartridge manufacturer Wessper in infringement proceedings concerning European patent EP 1 748 830 before the Düsseldorf Local Division of the Unified Patent Court (UPC). The decision is not yet final and may be challenged by way of appeal.
In December 2024, BRITA had brought an infringement action before the Düsseldorf Local Court for indirect infringement of EP 1 748 830. The subject matter of the proceedings was filter cartridges distributed by Wessper that are compatible with BRITA’s drinking water jugs. Since the patent had expired during the proceedings, BRITA subsequently sought damages in particular.
In its decision of 16 April 2026, the Düsseldorf Local Division found Wessper guilty of indirect infringement of EP 1 748 830 (Case No.: UPC_CFI_779/2024). The UPC’s landmark decision is of great significance beyond the scope of this case. In the headnotes of the judgment, the Local Division clarifies, amongst other things, the case law on indirect patent infringement under Article 26 of the UPCA and on the issue of exhaustion under Article 29 of the UPCA. The defence of exhaustion in cases of indirect infringement is central to the question of when a patent proprietor can take action against a patent infringer for indirect patent infringement in connection with a spare part, or whether the use of a spare part as intended is patent-free and therefore permissible.
With a total turnover of 727 million Euro in the 2024 financial year and approximately 2,400 employees, the BRITA Group is one of the leading international companies in drinking water optimisation. The long-established BRITA brand holds a leading position in the global water filter market. The family-owned company, based in Taunusstein, Germany, is represented worldwide in 70 countries through 27 national and international subsidiaries and operating sites, as well as through shareholdings, distribution and industrial partners. It operates five production sites in Germany, the UK, Italy and China.
In the UPC proceedings, BRITA was advised and represented by a team of patent and legal counsel from the law firm Meissner Bolte in Munich, led by lawyer Andreas Kabisch and patent attorney Dr Jasper C. Werhahn. Lawyer Niels Schuh and patent attorney Constantijn van Lookeren Campagne also acted on behalf of BRITA in the proceedings. Wessper was represented in the proceedings by a team from the law firm Harmsen Utescher in Hamburg, led by Dr Karsten Königer.
