On 30 October 2007, the German Bundespatentgericht (Federal Patent Court) in Munich dismissed Big Dutchman
GmbH’s nullity complaint against the German part of the European Patent 0 904 690 B1 (DE 698 09 520 T2) covering
Vencomatic’s RED-L aviary system for layers. Vencomatic is the exclusive licensee of this patent. The
Bundespatentgericht appreciated inventor Roelof Pol’s approach based on observational studies of animal behaviour
as opening up a new way of solving the problem of floor eggs. Big Dutchman, a German supplier of feeding systems
and housing equipment for pigs and poultry, had started the German nullity procedure in response to a complaint of
Dutch aviary system manufacturer Vencomatic that Big Dutchman infringed the contested European patent in
Germany.
The patent dispute
The present decision is the second court decision in a patent dispute between Vencomatic and Big Dutchman after
first the Landgericht Düsseldorf had decided in favour of Vencomatic on its request to order Big Dutchman to
stop infringing the European patent. Big Dutchman had not denied infringement but had argued that the infringement
procedure should be stayed awaiting the outcome of the nullity procedure before the Bundespatentgericht.
The nullity procedure in which the decision of the Bundespatentgericht to uphold the European patent has now
been rendered relates to the validity of the German part of the European patent and is subject of appeal. The
decision of the Landgericht Düsseldorf to grant Vencomatic an injunction has already been appealed against
by Big Dutchman. However, Big Dutchman’s defence is only based on the alleged nullity of the RED-L Patent and does
not appear to be convincing anymore in the light of the decision of the Bundespatentgericht. That is why
Vencomatic’s owner Cor van de Ven is confident that the recent development will bolster Vencomatic’s leading
position as innovator in the field of alternative aviary systems for laying hens.
Animal behaviour key consideration
The invention of providing a spanning tier equipped with laying nests, sitting facilities, feeding and/or
drinking systems and extending over a space between tier units has been found to be of key importance for
achieving a low fraction of floor eggs in alternative systems for keeping laying hens. Inventor and poultry farmer
Roelof Pol had arrived at the invention back in 1997 based on the insight, after many months of observing laying
hens in multi-tier alternative systems, that pecking order and subgroup formation are main considerations to take
into account when designing a multi-tier aviary system for laying hens. The observations included video
monitoring using a display mounted above the home kitchen table. In co-operation with Vencomatic, the design has
meanwhile been perfected and a wealth of know-how has been gathered on how to optimize herd management when
using such a system.
Vencomatic and RED-L
Founded in 1983, Vencomatic soon established itself as an innovator in the poultry sector. From its own line of
products the Vencomatic group can offer a complete product package. In addition to the well-known line of
products, nests, slats, and egg transport systems, Vencomatic can offer aviary systems like Red-L and Bolegg, as
well as the Veranda colony system and the VBS broiler system.
RED-L stands for Resting, Eating, Drinking and Laying. This, second generation, aviary system for layers is
accessible on all levels and allows a density higher than normal floor housing. Integrated nests and the
possibility of training birds in this system, ensures floor eggs are reduced to an absolute minimum. Easy escape
possibilities and availability of 100% floor space allow optimum behaviour of the birds.