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IPGATE AG · IP Portfolio A · A1
| Inventors | Heinz Leiber, Dr. Thomas Leiber, Valentin Unterfrauner, Christian Köglsperger |
| Priority | September 30, 2009 |
| Portfolio | IP Portfolio A · A1 |
| Innovations | 4 independent inventions |
| Jurisdictions | DE — 2 patents (E117DE, E117DE1) — E117DE upheld by BPatG Jan 2024; BGH appeal pending. E117DE1 granted and legally valid. |
The E117 patent family (parent application DE 10 2009 043 484, filing date September 30, 2009, publication March 31, 2011, Applicant: IPGATE AG, Inventors: Heinz Leiber, Dr. Thomas Leiber, Valentin Unterfrauner, Christian Köglsperger) describes a braking system for a hybrid vehicle with a multifunctional storage device (fluid reservoir) that is used for both the ABS function and regenerative braking.
The braking system uses an electrohydraulic brake booster in which the brake pedal acts mechanically on a piston of a piston-cylinder system via an elastic member. An electric drive assists the pedal force and enables precise pressure control in the wheel brakes. During regenerative generator braking, a controlled force reaction on the brake pedal is generated through targeted piston movement and simultaneous filling of the fluid reservoir, thereby ensuring a natural pedal feel despite the generator braking torque.
The parent application E117DE was challenged with an action for nullity. Judgment of January 31, 2024: The 8th Senate of the Federal Patent Court dismissed the action in its entirety. Patent DE 10 2009 043 484 was upheld in its granted form without any restrictions. The plaintiff has filed an appeal with the Federal Court of Justice (BGH). The divisional application E117DE1 has not been challenged and is legally valid.
The E117 patent family (parent application DE 10 2009 043 484, filing date September 30, 2009, Applicant: IPGATE AG, Inventors: Heinz Leiber, Dr. Thomas Leiber, Valentin Unterfrauner, Christian Köglsperger) describes a braking system for a hybrid vehicle with a multifunctional storage device (fluid reservoir) that is used for both the ABS function and regenerative braking.
The braking system uses an electrohydraulic brake booster in which the brake pedal acts mechanically on a piston of a piston-cylinder system via an elastic member. An electric drive assists the pedal force and enables precise pressure control in the wheel brakes. During regenerative generator braking, a controlled force reaction on the brake pedal is generated through targeted piston movement and simultaneous filling of the fluid reservoir, thereby ensuring a natural pedal feel despite the generator braking torque.
The parent application E117DE (DE 10 2009 043 484 B4) was challenged in 2023 with an action for nullity before the Federal Patent Court (Case No. 8 Ni 25/23). Judgment of January 31, 2024: The 8th Senate (Nullity Senate) of the Federal Patent Court dismissed the action in its entirety. Patent DE 10 2009 043 484 was upheld in its granted form without any restrictions. The court found that the subject matter of the contested patent is not inadmissibly broadened and proves to be both disclosed in a manner capable of being carried out and patentable. The costs of the first-instance proceedings were imposed on the plaintiff.
Current status: The plaintiff has filed an appeal against the Federal Patent Court's judgment with the Federal Court of Justice (BGH). The final legal validity of the patent will be determined by the BGH.
Divisional application E117DE1 (DE 10 2009 061 809 B3, granted on November 26, 2020) has not been challenged and is legally valid.
Two patents covering the MultiStore follow-up brake booster (E117DE) and the RekuBlend storage chamber blending system (E117DE1). Total of 4 independent claims.
Litigation
Case No. 8 Ni 25/23 · BPatG judgment of January 31, 2024 · BGH appeal pending
The parent application E117DE (DE 10 2009 043 484 B4) was challenged in 2023 with an action for nullity before the Federal Patent Court (Case No. 8 Ni 25/23). The plaintiff asserted the grounds for invalidity of impermissible extension (Sections 22, 21(1)(4) PatG), non-executable disclosure (Sections 22, 21(1)(2) PatG), and lack of patentability (Sections 22, 21(1)(1) PatG).
Judgment of January 31, 2024: The 8th Senate (Nullity Senate) of the Federal Patent Court dismissed the action in its entirety. Patent DE 10 2009 043 484 was upheld in its granted form without any restrictions. The court found that the subject matter of the contested patent is not inadmissibly broadened and proves to be both disclosed in a manner capable of being carried out and patentable.
Current status: The plaintiff has filed an appeal against the Federal Patent Court's judgment with the Federal Court of Justice (BGH). The final legal validity of the patent will be determined by the BGH. The costs of the first-instance proceedings were imposed on the plaintiff.
DE 10 2009 061 809 B3 · Granted November 26, 2020
Divisional application E117DE1 has not been challenged and is legally valid.
Invention Overview
| Invention | Cat. | Description | Keyword |
|---|---|---|---|
| E117DE A1DE 10 2009 043 484 B4 | Device | Braking system for a hybrid vehicle with an electrohydraulic brake booster and multifunctional storage chamber used for both ABS pressure relief and regenerative blending. Brake pedal acts on piston via elastic member; controlled force reaction on pedal is generated by adjusting the piston while filling the fluid reservoir during regenerative braking. | MultiStore · ABS + Reku · Elastic link · Pedal force reaction |
| E117DE A14DE 10 2009 043 484 B4 | Method | Method for operating a braking system according to claim 1: upon a positive µ jump (road surface improvement during braking), the fluid reservoir is emptied to restore full hydraulic braking capacity. | µ jump · Reservoir emptying · Hydraulic recovery |
| E117DE1 A1DE 10 2009 061 809 B3 | Device | Brake system for a hybrid vehicle with a storage chamber connected to the brake circuit via a switchable storage valve. Force reaction on the brake pedal during generator braking occurs by adjusting the piston via the drive while simultaneously filling the fluid reservoir. | RekuBlend · Storage valve · Constant pedal feel |
| E117DE1 A14DE 10 2009 061 809 B3 | Method | Method for operating the RekuBlend brake system: force reaction on the brake pedal is adjusted when a regenerative braking torque of an electric drive is applied by moving the piston via the drive while simultaneously filling the fluid reservoir. | RekuBlend method · Generator braking · Pedal reaction |
Family Overview
| File No. | Country | Status | Type | Application No. | Filed | Grant No. | Granted |
|---|---|---|---|---|---|---|---|
| E117DE | DE | Granted | Patent · BPatG upheld Jan. 31, 2024 · BGH appeal pending | DE 10 2009 043 484 | Sep. 30, 2009 | DE102009043484B4 | — |
| E117DE1 | DE | Granted | Patent (divisional) · legally valid, uncontested | DE 10 2009 061 809 | Sep. 30, 2009 | DE102009061809B3 | Nov. 26, 2020 |
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