Thermomix® patent litigation in Spain

Monsieur Cuisine (left) vs Thermomix

If you like cooking it is almost certain that you are aware of the existence of the cooking robot Thermomix®. Launched in 1961 from Vorwerk as a blender, it has evolved to a high-tech accessory in the kitchen. It combines seven functions: stirring, kneading, chopping, grating, mixing, milling and juicing.

This robot provides so much help in the kitchen that would usually require hours of work and an army of chefs (or Italian grandmothers which is basically the same).

Thermomix® is the subject of a recent interesting decision issued by the Barcelona Commercial Court. The cooking robot launched by Lidl - called Lidl Monsieur Cuisine - has been confirmed violating Vorwerk’s Thermomix® patent.

The original Thermomix® by Vorwerk

This is because Vorwerk has been the owner of the European patent “Kitchen Machine” (EP 1269 898) since 2002, which has also been validated for Spain. Vorwerk invoked this patent and claimed patent infringement by the Lidl clone of the Thermomix®, especially with regard to the Thermomix® scale and its interaction with the blades as well as the appliance cover. In particular, the function of weighing food in the original Thermomix® and also in the Lidl clone of the Thermomix® decided the infringement proceedings in favor of Vorwerk.

The Barcelona Commercial Court therefore ruled in favor of Vorwerk’s Thermomix®, Lidl was ordered to remove its Monsieur Cuisine kitchen mixer from the Spanish market and to stop all advertising for this product. In addition to the cease of any marketing and sales activity also an important damage compensation has been granted in favor of the German Company.

As expected, Lidl was not only watching the result of the litigation but decided to attack as well and, during the patent infringement proceedings, also filed a lawsuit against Vorwerk; Lidl has filed a motion to invalidate the Thermomix® patent. This is a common action against long-standing patents.

The Monsieur Cuisine launched by Lidl

Nonetheless Lidl’s current application for invalidity was also rejected by the Spanish court. The Spanish court ruled that the Thermomix® invention patent met the requirements of novelty and inventive step.

Thermomix® Spanish decision however has no direct implications for Germany or other States than Spain. This is because the invention patent is a territorial right, it only applies in the country in which the patent was validated – and its rights must also be defended individually in each country.

Although Lidl can still appeal in Spain, the Spanish proceedings mean that Monsieur Cuisine has been found to possess all the technical features of Thermomix® patent through a detailed comparison by technical experts. If their findings cannot be shaken, Lidl ultimately risks high compensation costs if it keeps selling its Thermomix® clone also outside Spain.

We will follow up the appeal procedure and see whether Lidl will be able to demonstrate the non-infringement of its own machine.