In his (or her) younger years at school, a once to be Dutch patent litigator was learned that the Netherlands share a borders with Germany and Belgium. On the geography maps, they seemed to be set in stone. History class already provided a different perspective: now friendly neighbours would once surprise each other with unannounced…

The appeal court confirmed the decision of the first instance court that CDVI’s European patent was invalid due to lack of inventive step. However, the decision raises questions in relation to what may be considered to be common general knowledge. Case date: 23 June 2020 Case number: 200.255.497/01 Court: Court of Appeal of The Hague A full…

If an appeal against a decision of the opposition division to maintain the patent in amended form is filed by both patentee and opponent, but later one of the appeals is withdrawn, the principle of reformatio in peius is still applicable, even if more limiting auxiliary claim sets have been filed by the patentee. Case…

The Court of Appeal of the Hague held that entering into a second exclusive licence contract is possible, but the failure to end the first contract in the present case constituted unlawful behaviour and tort. Further, the Court discussed the extent to which a tort between two parties can affect the liability of third parties….

Nippon Shokubai filed an opposition against the grant of BASF’s patent. In relation to the payment they filed EPO Form 2300E, which – erroneously – did not indicate any payment method in box X ‘Payment’, which then indicated ‘not specified’. In the accompanying letter the professional representative had indicated that the opposition fee could be…

Biolitec owns a European patent on an endoluminal laser ablation device which comprises a flexible wave guide (optical fiber) which at the distal end includes a radiation emitting surface to emit radiation laterally with respect to the axis of the fiber. Tobrix commercializes two types of optical fiber for treatment of varicose veins that allegedly…

The case concerns the transfer of a priority right from an employee to his/her employer and the relevant time zone for determining the priority: 1. The validity of the transfer of rights to an invention by the employer by claiming it as a service invention is governed by the law applicable to the employment contract….

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…

On 17 March 2020,The Hague Court of Appeal dismissed a preliminary injunction (PI) based on alleged infringement of a Standard Essential Patent (SEP) held by a Non-Practicing Entity (NPE) based on a balancing of interests – without assessment of validity and infringement of the patent in suit, and without assessment of FRAND-related obligations. In 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…