On 20 January 2011, the Commercial Court of Ghent handed down a ruling nullifying the Belgian patent on “speculoospasta” held by biscuit manufacturer Lotus Bakeries. Speculoospasta is a bread spread based on crushed caramel cookies that took the Benelux market by storm when it was commercialized in 2007 by Lotus Bakeries (for every two jars…

In a global patent battle between Ajinomoto and Global Biochem Technology (GBT), a Belgian front was opened on March 25, 2008 when Ajinomoto seized more than 4 million kilos of infringing L-Lysine (a compound feed additive) produced by GBT. After unsuccessful third party opposition proceedings by GBT and its European distributors, patent litigation on the…

In a court order of 11 May 2010, the President of the Court of First Instance of Brussels refused a plaintiff to have indirect access to confidential information in the possession of a court-appointed expert through foreign patent infringement proceedings.  The court appointed expert had obtained this confidential information while executing a counterfeit seizure, authorized by the…

In the beginning of 2010, Merck Sharp & Dohme (hereafter “Merck”) and E.I. Du Pont de Nemours (hereafter “Du Pont”) on the one hand and Mylan on the other hand entailed in a fight concerning the launch of a generic version of Cozaar Plus®. The Supplementary Protection Certificate (SPC) of Cozaar Plus®, a combination product consisting of losartan and HCTZ, would expire on 15 February 2010, but Merck and Du Pont tried to prevent the marketing of generic versions of Cozaar Plus® by invoking the SPC for Cozaar®, the monoproduct consisting of Losartan only. In Belgium and France, this case led to very diverging judgments on the interpretation of the SPC Regulation.