Important change in Belgian patent litigation (2): Belgian Judges must take into account foreign judgments and cannot merely rely upon the suspensive effect of an appeal against an invalidity decision
As already described in a previous blog entry the Belgian Supreme Court nullified a decision of the Antwerp Court of Appeal granting a descriptive seizure (“beschrijvend beslag”; “saisie-description”) on the presumption of validity of (European) patents. The written decision of the Supreme Court is now available (link). The Supreme Court has followed the advice of…