After Novartis had obtained a preliminary injunction against Pharmathen, it observed that there were still infringing acts being performed. In the first instance, the provisions judge sided with Novartis and ordered that Pharmathen had to pay EUR 7,500,000 as a penalty. On appeal Pharmathen tried to reverse this verdict, but its efforts were in vain….
Patent claims, and therewith infringement, can get lost in translation. The Dutch first instance court limited a patent’s scope of protection based on the Dutch translation of the claims. The Court of Appeal saw it differently. A thorough review of the translation of the claims remains necessary to avoid unwanted discussions on claim interpretation. To…
The president of the UPC local division The Hague has allowed to change the language of the proceedings from Dutch to English in an infringement action of Plant-e Knowledge and Plant-e against Arkyne Technologies, because ‘the language initially chosen [was] significantly detrimental to the Applicant’. The order of president Florence Butin was issued on 18…
The Status Quo injunction is not a variation on Wayne’s World classic “No Stairway, Denied” joke. While some may yearn for a ban on their generic tunes, Status Quo is still not denied. That is not the faith of all generics, as Teva found out in Dutch litigation over its generic version of Grünenthal’s Nebido:…
Around 200 judges, patent litigators, patent attorneys, other patent experts, representatives of scientific institutions and companies, government officials, The Hague mayor Jan van Zanen and Dutch minister of Economic Affairs and Climate, Micky Adriaansens, attended the opening ceremony of the Dutch local division of the Unified Patent Court today in The Hague. Minister Adriaansens stressed…
In the next chapter in the FRAND-related battle between Nokia and Oppo, Nokia tried to obtain an injunction in relation to Oppo’s sales through Oleading and Reflection. The provisions judge, however, found this case to be too complex, both because of the patented subject-matter and the FRAND issues, to be decided in the present preliminary…
In the present preliminary case a cross-border injunction was ordered by the provisions judge. He came to this conclusion because he found the product to be infringing (in contrast to a preliminary decision of the Greek court) and he found that the Dutch-based Pharmathen company was controlling the other companies in the group. Case date: 19…
Everything flows, and the Dutch cross-border injunction flows like no other. From its source in the The Hague all the way to the cradle of Europe: Greece. So decided the Dutch Courts in the Novartis vs. Pharmathen case. The willingness of the Dutch Courts to assume jurisdiction to grant cross-border relief in international patent cases…
The Unified Patent Court will lead to a concentration of forces in the European patent litigation sector. That is the expectation of Richard Ebbink, partner at Brinkhof, and Georg Rauh, partner at Vossius. In September, their firms announced they would start cooperating in a new brand, Vossius and Brinkhof UPC Litigators. Kluwer IP Law interviewed…
Longi and Hanwha have fought several (preliminary) court cases, which eventually resulted in a (cross-border) injunction. An ancillary claim that was approved was a recall of infringing products. Longi challenged on appeal the decision of the provisions judge that recall would also extend to solar panels that were already installed, but the judgment was upheld…
