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Swiss food giant Nestle S.A (NESN.VX) Tuesday said it has won a court appeal against a company making a rival coffee capsule to its high-end Nespresso brand.

The Swiss Federal Supreme Court called for a decision by a lower court to lift a temporary ban on the sale of coffee capsules by Swiss discount retailer Denner to be reconsidered.

Nespresso spokesman Julian Liew said: "We are satisfied with today's ruling by the Swiss Federal Court. We are currently assessing its implications and will draw appropriate conclusions after due consideration."

Denner said it was disappointed with the decision and will consider its next steps.

Denner was banned from producing, selling or marketing its coffee capsules, which are compatible with Nespresso machines, after Nestle claimed they infringed its patents.

But the commercial court in the canton of St Gallen withdrew the interim injunction in March, allowing Denner to resume sales of the coffee, which it sells under the NexPod brand name.

Denner, which is owned by Swiss cooperative Migros, and its manufacturing partner Alice Allison SA, resumed sales of the capsules in April.

Nestle is also taking legal action against Sara Lee Corp (SLE) in the Netherlands and France and the privately-held Ethical Coffee Company in France over their coffee capsules.

-By John Revill, Dow Jones Newswires; +41 43 443 8042 ; john.revill@dowjones.com

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