In a legal dispute with the weapons manufacturer Heckler & Koch, the smaller competitor CG Haenel has to be prepared for a defeat.
At the hearing on Tuesday before the Düsseldorf Regional Court, the presiding judge Bérénice Thom said that she was assuming a patent infringement by Haenel.
But the extent is still unclear.
It is also possible that the proceedings will be suspended and the regional court will wait for a judgment from the Federal Patent Court.
Düsseldorf - Haenel filed a separate lawsuit there to declare the patent null and void.
The date of announcement in the Düsseldorf proceedings is November 16.
(Ref. 4a O 68/20)
The Heckler & Koch (HK) patent, which Haenel could have infringed, is about tiny openings in the rifle that are supposed to allow water to drain quickly and to be ready to fire when soldiers wade through a river or land on the seashore - this is what is called in the industry "over the beach". The allegations of patent infringement primarily relate to a semi-automatic rifle. The verdict could also include the fully automatic version of this weapon.
Haenel wants to sell this fully automatic system to the Bundeswehr.
The large order for 120,000 assault rifles would be the breakthrough for the small company.
But if the court saw a patent infringement with the fully automatic system, Haenel could probably bury his hopes for the prestigious order.
After two setbacks, the assault rifle award procedure is not looking good for Haenel anyway - the competitor HK is likely to win again.
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Heckler & Koch is based in Oberndorf in the Black Forest.
The company achieved an annual turnover of 275 million euros in 2020 with around 1,000 employees.
Haenel only plays a minor role in the industry: the rifle manufacturer from Suhl in the Thuringian Forest belongs to the hunting weapons manufacturer Merkel, which in turn is part of the state armaments company Caracal from Abu Dhabi.
Merkel and Haenel have a total of around 130 employees.
According to management estimates, both companies will have a turnover of 21 million euros in 2021.
dpa