Intellectual Property Expert Group
Intellectual Property Expert Group
On March 1 the Netherlands’ highest civil court, the Hoge Raad, rendered a decision in an appeal by Tinnus Enterprises c.s v.s Koopman. The court of appeal decided that the patentee could not invoke the doctrine of equivalents because during…
A small revolution is about to happen in European Patent Practice. Professionals in IP have been brought up with the notion that after grant, a European patent is nothing more than a bundle of national patents in a number of…
Netherlands’ The Hague District Court Orange-Book decision brings up again the discussion about the compulsory licensing defense and the role of antitrust in patent infringement proceedings. Opposing’s Germany highest court the Dutch Court denies the possibility of responding with a…
In a combined court case between Philips and SK Kassetten regarding CD- and DVD-technology (CD-R and DVD+R disks), the District Court of The Hague (Netherlands) ruled in favor of Philips, in a case that may revive the discussion about essential…
In a long standing battle between Monsanto, Argentina and importers of soymeal, the District Court The Hague gave its (interim) judgment on March 19, 2008, referring the case to the ECJ for their interpretation of articles 8 and 9 of…
On January 16th the UK Court of Appeal in Angiotech Pharm., Inc. v. Conor MedSystems Inc., [2007] EWCA Civ 5 (Jacob, L.J.) affirmed an invalidity ruling of critical claim 12 of Angiotech’s patent [2006] EWHC 260 (Pat) (Pumfrey, J.), while…
On December 22, 2006 the Dutch Supreme Court ruled in the case Dijkstra vs. Saier that the patent prosecution file history may be invoked to prevent the patentee disclaiming an aspect of his patent monopoly in order to get a…
In Europe we had our time when the Netherlands courts, soon followed by courts in Germany, rendered cross border relief under a European Patent in most of the 90’s. This effort to create a truly European wide enforcement of patents…
In patent infringement litigation (and for the infringement of certain other intellectual property rights), typically, a ‘letter before action’ will be sent as a final attempt to reach a settlement before issuing proceedings. In the Netherlands, these warning letters are…
Last Friday, September 29, 2006 the Supreme Court of The Netherlands (“Hoge Raad”) handed down its decision in CFS Bakel B.V. vs. Stork Titan B.V. (Dutch, English translation here) which considered a patentee’s liability for actions taken on the basis…
The District Court in The Hague, Netherlands ruled on September 13 mainly in favor of Warner Lambert (Pfizer) in two judgments against Ranbaxy, one decision related to EP patent 0 247 633 and the other decision on EP patent 0…
Ask the Judge in The Hague. Heineken sued Philips over a contraption called “the beer tender”. Basically it is a small tap one can use to draft a nice glass of beer from an even smaller vat. So nothing special…