When transporting flowers, several measures need to be taken to maintain their freshness. Floriation’s patent required regulation of the ethylene concentration in the package. Whether Royal Flora Holland had used this feature was the central theme in this decision. The provisions judge found no direct infringement and also concluded that there was no equivalency, since in such a case the deviating feature should have the same function as the claimed feature. That was not the case.
Case date: 13 April 2021
Case number: C/09/604550 / KG ZA 20-1223
Court: Provisions Judge of the District Court of The Hague
A full summary of this case has been published on Kluwer IP Law.