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…
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 Dutch authorities have handed over to the European Medicines Agency (EMA) its new premises, located in the Zuidas business area of Amsterdam. On 15 November EMA’s Executive Director Guido Rasi ‘signed the lease agreement and thanked the Dutch authorities for reaching this important milestone on time’, according to a report on the EMA website. EU…
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….
