Nespresso said it was “disappointed” at the latest judgment. “We believe the decision is inconsistent with the ruling by the European Patent Office in April 2012, confirming the validity of a key patent for the Nespresso system. We are currently reviewing the judgment and will make a decision on next steps in due course,” said Daniel Weston, general counsel of Nestlé Nespresso.
Bigger names have also sought to penetrate Nestle’s formidable fortification of patents, including DE Master Blenders, the coffee producer that was once part of US conglomerate Sara Lee. But European court hearings have tended to drag on and while they deliberate many retailers are reluctant to sell rival capsules.
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Even so, Mr Gort-Barten said he ran up legal bills of about £1m, a hefty cut for a company with revenues of £15m – or about the same as Nestlé generates in a matter of hours.
“It was a big risk,” he said. “But that’s the little man – he has to stand up for himself really.”