Posted: December 1st, 2017
Asestek A/S v. Coolergiant Computer Handels GmbH, District Court The Hague, The Netherlands, 29 November 2017, Case No. ECLI:NL:RBDHA:2017:13715
Asestek holds a European patent related to “a cooling system for a computer system”. The Dutch part of the EP was invalidated earlier in a decision between Asestek and Cooler Master (that decision can be read here).
The Dutch Supreme Court decided in 1988 that a judgment invalidating a patent has immediate effect, provided that the decision has become final and binding. According to the Court this still holds true. The current case is suspended until the decision between Asestek and Cooler Master on validity has become final and binding. The Court further notes that in view of the debate between parties a different conclusion might be reached in the current case than in the Cooler Master case.
A copy of the judgment can be read here.