EPLAW PATENT BLOG

NL – Asetek v. Cooler Master Europe

Posted: September 29th, 2017

Asetek A/S v. Cooler Master Europe B.V., District Court of The Hague, the Netherlands, 20 September 2017, Case number C/09/515892 / HA ZA 16-906 Asetek is the holder of the European patent EP 1 923 771 B1 (“EP ‘771”) entitled “Cooling system for a computer system”. The patent was filed on 8 November 2004 relying […]

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BE – FN Herstal vs Heckler & Koch

Posted: September 22nd, 2017

SA FN Herstal v. Heckler & Koch GmbH, Tribunal de Commerce Francophone de Bruxelles, 28 April 2017 Combination invention vs. mere aggregation of features in patent law On 28 April 2017, the French-speaking Court of commerce of Brussels rendered a judgment in a patent case opposing the Belgian weapon manufacturer FN Herstal to its German […]

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NL – Ruby Decor v. Basic Holdings / Appeal

Posted: August 30th, 2017

Ruby Decor B.V. and Aparto B.V. v. Basic Holdings ULC, Court of Appeal The Hague, 22 August 2017, Case No. ECLI:NL:GHDHA:2017:2409, with thanks to Alexander Tsoutsanis, DLA Piper, for sending in the judgment as well as an English translation thereof  Artificial fireplaces. Earlier, the Judge in PI proceedings ruled that in his preliminary opinion Ruby Decor did […]

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NL – Smart Technologies v. CTouch Europe

Posted: August 1st, 2017

Smart Technologies ULC v. CTouch Europe B.V., District Court The Hague, 26 July 2017, Case No. ECLI:NL:RBDHA:2017:8247 Smart Technologies is the holder of a patent on smart television screens. CTouch’s Gillette defence fails as there is a theoretic and practical difference between its products and the prior art. Injunction and ancillary claims awarded. A copy […]

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NL – Swiss Pharma v. Biogen

Posted: July 17th, 2017

Swiss Pharma International v. Biogen MA Inc., District Court The Hague, the Netherlands, 12 July 2017, ECLI:NL:RBDHA:2017:7628 Biogen holds EP 1485127, which relates to the treatment of Multiple Sclerosis (“MS”). Swiss Pharma seeks to invalidate the Dutch part of the patent. Claims 1, 3 and 4 are invalidated due to lack of novelty as these […]

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NL – Carl Zeiss v. VSY

Posted: June 9th, 2017

Carl Zeiss Meditec AG v. VSY Biotechnology B.V. et al., District Court The Hague, The Netherlands, 7 June 2017, Case No. ECLI:NL:RBDHA:2017:6136 European Patent on an intraocular (implantable) lens. Interpretation of claims. The Dutch part of the patent is valid: the hurdles of novelty, inventive step and enablement were all taken successfully. The patent is […]

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NL – Sun v. Novartis / Supreme Court

Posted: May 8th, 2017

Sun Pharmaceutical Industries (Europe) B.V. v. Novartis AG, Supreme Court of the Netherlands, 14 April 2017, Case No. ECLI:NL:HR:2017:692 Preliminary injunction proceedings. Patent for second medical indication. Swiss-type claim. Novartis owns EP 1 296 689 with a Swiss type claim for use of zoledronic acid in the preparation of a medicament for the treatment of […]

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FR – Warner-Lambert & Pfizer v. generics / Pregabalin PI

Posted: January 20th, 2017

Pregabalin PI in France: a decision dealing with skinny label, second medical use claims and contributory infringement A new pregabalin decision has been rendered on December 2, 2016 in France, in a PI litigation initiated by Warner-Lambert (hereafter: the patentee) and licensees Pfizer against 9 groups of generic companies (hereafter: the defendants). All defendants are […]

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NL – RASCO ET AL V. AEBI SCHMIDT

Posted: January 11th, 2017

Rasco D.O.O  and Rondaan Transportservice B.V. v. AEBI Schmidt Nederland B.V., District Court The Hague, The Netherlands, 4 January 2017. Case No. ECLI:NL:RBDHA:2017:4  This matter relates to gritters, more specifically lorries with a detachably mounted device. Aebi Schmidt holds a European patent (the “Patent”). After the District Court had ruled against Aebi Schmidt in preliminary injunction […]

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