Netherlands

Case Law, Inventive step, Netherlands, Validity

(Brinkhof)/

The District Court of The Hague revoked Glaxo’s European Patent and Supplementary Protection Certificate (SPC) for an inhalable combination of fluticasone and salmeterol due to lack of inventive step. This decision is put in a pan-European perspective, with reference to the UK case law on inventive step, as well as the parallel English, German and…

(Cross-border) jurisdiction, (Indirect) infringement, Austria, Enforcement, European Union, France, Germany, Ireland, Italy, Netherlands, Novelty, Opposition, Priority right, Revocation, Spain, Sufficiency of disclosure, United Kingdom, United States of America, Validity

(Rospatt Osten Pross)/

Do we need a Community Patent? Do we need a European Patent Litigation System? Or does the current fragmented system have a hidden wisdom behind it? Judge for yourself!

Added matter, Netherlands

(Brinkhof)/ /1 Comment

Yesterday the Dutch Court of Appeal closed ranks with six out of nine jurisdictions in which the European Central Bank (ECB) started nullity actions against Document Security Systems’ (DSS) patent related to anti-forgery measures (EP 455 750). The Dutch Court of Appeal revoked the patent for added matter over the application as originally filed. The…

(Indirect) infringement, Case Law, Equivalents, Netherlands

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The Court of Appeal confirmed the First Instance Court decision and held that Occlutech’s devices do not infringe AGA’s patent regarding septal occlusion devices, which feature braided metal strands and have a collapsed configuration for delivery through a channel in a patient’s body. The Court held – with reference to Article 69 EPC and the…

Antibodies, Case Law, Netherlands, Validity

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The District Court of The Hague declares the Dutch part of Bayer’s European Patent covering Anti-TNF alpha human monoclonal antibodies invalid. The Court considers that the patent covers high affinity antibodies. However, the Court finds that such type of antibodies is not sufficiently disclosed in the patent specification, and therefore invalidates the patent as a…

(Indirect) infringement, EPC, European Union, Germany, Netherlands, United Kingdom

(Bristows)/

In Grimme Landmaschinenfabrik GmbH v Scott [2010] EWCA Civ 1110 the English Court of Appeal stated clearly its support for judicial collaboration facilitating de facto harmonisation of patent law in Europe. The Court then interpreted the UK provisions on indirect/contributory infringement consistently with approaches taken in The Netherlands and Germany. The case in question concerned…

Antibodies, Biologics, Netherlands, Scope of protection, SPC

(Brinkhof)/

In a decision of 7 September 2010, the Dutch Patent Office (NL Octrooicentrum) on appeal confirmed its earlier decision to not grant a supplementary protection certificate (SPC) for the medicinal product tocilizumab, a humanized monoclonal antibody against the human interleukin-6 receptor, which is approved as a human rheumatoid arthritis drug. The applicant had requested an…

Biologics, Netherlands, Revocation, Sufficiency of disclosure, Validity

(Brinkhof)/

Sufficiency of disclosure is one of the requirements for the grant of a European patent (Art. 83 EPC). The disclosure in a patent specification shall enable the skilled person to apply the invention, i.e. to make the claimed product or apply the claimed process. A claimed product or process is often defined in general terms…