EPLAW PATENT BLOG

NL – Comments on Taste of Nature Holding v. Cresco Handels B.V.

Posted: September 24th, 2013

Comments on Court of Appeal The Hague 28 May 2013, case no.: 200.103.492/01 (Taste of Nature Holding B.V. vs. Cresco Handels B.V.), by Wim Maas, Deterink and Bram van Oeffelt, Patentwerk

Introduction

Taste of Nature and Cresco both engage in the production and sale of sprouts and seedlings (edible young vegetable plants). Taste of Nature has developed a seedling of a radish high in anthocyanin, an antioxidant that imparts a red, purple or black colour to the plant and is considered a healthy substance.

Taste of Nature holds European patent EP 1 290 938 ("EP '938 ') relating to a plant, a seedling of the radish species Raphanus sativa with an increased anthocyanin level and methods for its production.
Cresco was accused of infringing claims 1, 5, 8, 9 and 1 of EP ‘938 by trading in sprouts which it produced itself. It should be noted that Taste of Nature did not invoke the method claims of EP ‘838 against Cresco.

Read the entire contribution here.

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