UPDATE: Nestle Wins Court Appeal Against Nespresso Rival
28 Junho 2011 - 7:32AM
Dow Jones News
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.
"We are satisfied with today's ruling by the Swiss Federal
Court," said Nespresso spokesman Julian Liew said. "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.
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.
Tuesday's court decision is positive for Nestle in the Swiss
market but it is impossible to say how the ruling would affect
similar cases in the Netherlands and France, said Bank Vontobel
analyst Jean-Philippe Bertschy.
At 0952 GMT, Nestle shares were down 0.1% at CHF51.7 on the
Swiss SMI index which was trading flat. The stock has lost 5.7% in
value since the start of the year.
-By John Revill, Dow Jones Newswires; +41 43 443 8042 ;
john.revill@dowjones.com
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