The District Court of The Hague holds that in case of ambiguities in the claim language the skilled man will consult the prosecution history to determine the scope of protection. The patent can not be construed in such manner that it would lack novelty over prior art from which the patent was explicitly delimited during prosecution. No literal infringement and no infringement under the doctrine of equivalence, since the products do not meet the function, way and result-test.

The full summary of this case has been published on Kluwer IP Law.


To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law