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…

Following nullity advice from the Dutch Patent Office, the Dutch administrative body for license plate registration filed the present successful nullity suit against a private inventor in relation to a patent for vehicle license plates with a built-in RFID chip. This case demonstrates the disadvantages of the Dutch registration patent system which can allow the…

In two recent decisions the District Court of The Hague assumed cross-border jurisdiction in FRAND / Standard Essential Patent (‘SEP’) proceedings. In a first case the Court assumed jurisdiction on claims related to the FRANDness of a SEPs (patent pool) license. In a second case the Court assumed jurisdiction on an anti-anti-suit injunction (‘AASI’) claim…

In a new chapter of the ongoing saga of Sisvel’s 4G patents against (mainly Chinese) infringers, the present interlocutory decision shows that the procedural attitude of a defendant (in the present case Wiko) may be very important and can influence the court’s decision. Case date: 21 April 2021 Case number: C/09/583227 / HA ZA 19-1162 Court: District…

The interplay between EPO and national proceedings may take various forms. The Technical Board of Appeal revoking a European Patent during European-wide litigation is one of the more dramatic examples. The EPO’s stay of the grant of an application following an entitlement claim (an ‘entitlement torpedo’) another one. And then there is the central limitation…

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…

What is it with the Dutch and money? How much truth is there in the cliché that the Dutch are cheap? Do we really get back to business after a romantic diner and split the bill to the cent? Where does this ‘going Dutch’ come from? That term, according to the Oxford English Dictionary, connects…