EPLAW PATENT BLOG

NL – Longhi v. Hanwa – execution dispute

Posted: November 2nd, 2021

Longhi (Netherlands) Trading B.V. v. Hanwa Solutions Corporation, PI Judge District Court Rotterdam, 19 October 2021, Case no. ECLI:NL:RBROT:2021:10410

Execution dispute about the interpretation of a judgment rendered on a counterclaim in a dispute between Longi and Hanwa in which the Dutch PI judge despite the fact that the patent in suit did not designate the Netherlands, forbids Longhi to to provoke, promote, facilitate, and/or profit (consciously, systematically and calculatingly) from such infringement in various European countries.

At the time of the filing of the counterclaim, Hanwha was not registered as a patent holder in Belgium. It is however inferred from the considerations in the judgment that it was the intention to extend the injunction to Belgium as well. Since it is not in dispute that Hanwha has meanwhile been registered as a patent holder in Belgium, it is impossible to see why the injunction should not also extend to this country.

The judgment (in Dutch) can be read here.

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