The PI judge in the District Court of The Hague held that the processes used to manufacture the generic products in dispute did not fall within the invoked patents’ scope of protection, and particularly that these did not comprise equivalent measures, because the allegedly equivalent substances had significantly different chemical compositions and functionality. Finding the alleged infringing processes to be equivalent would be contrary to legal certainty.
A summary of this case will be posted on http://www.Kluweriplaw.com
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