In the present interlocutory case, VUB and Ablynx requested inspection of evidence that was seized from QVQ on the basis of suspicion of patent infringement. The provisions judge came to the conclusion that the interests of the claimants did not provide sufficient reason to – preliminarily – grant the inspection. Case date: 21 January 2020 Case…

The provisions judge determined that there was a serious chance that the patent of Tomra on a self-sealing pressure release apparatus was invalid and thus did not grant a preliminary injunction to prevent marketing by Kiremko of their Strata Invicta system. Case date: 17 January 2020 Case number: C/09/580883 / KG ZA 19-941 Court: Provisions Judge of…

The Spanish company Fractus sued Xiaomi and their distributors for infringement of their patent on a monopole antenna with a radiation arm that is shaped as a space-filling curve. However, the provisions judge declared that the claim of the patent should be interpreted narrowly on the basis of the prosecution history and on the basis…

In the present preliminary case the consequence of the termination of the agreement between Medical Workshop and Sharpsight was that Medical Workshop was no longer able to use the name Invitria for the sale and marketing of the ophthalmalogic product protected by a patent owned by the single shareholder of Sharpsight. Case date: 16 October 2019…

Where an expression in a granted claim, taken literally and in isolation, would have the effect of excluding all of the disclosed embodiments from the scope of protection, but where a definition of the expression may be derived from the patent itself which would locate (at least some of) the disclosed embodiments within the ambit…

The patent licensee ASSIA was held to be entitled to conduct the present infringement action but was not successful in its claim. Independent claims 1 and 16 were deemed invalid because of added subject matter (intermediate generalization) and in an obiter dictum the court also mentioned that the claimant had not succeeded in proving infringement….

Bayer was not granted an injunction in preliminary proceedings because the Court found that there was a serious chance that Bayer’s patent would be held invalid. The fact that the patent had survived opposition before the EPO was of no influence since new, closer prior art had subsequently been found. Case date: 17 September 2019 Case…

Cases in which FRAND licences are discussed, and where if no licence is taken an injunction is requested, more closely resemble unpaid debt claims then IP-related cases and are thus less suitable for preliminary proceedings. Further, the fact that the case was complex, not only in relation to the patented subject-matter but also because of…