Bart van Wezenbeek

The Court concurs with the interpretative approach expressed by the EPO Board of Appeal (see Decision T1000/12 of 17 December 2023, T 412/09 of 9 May 2012 et al) according to which it is only in…

While the function of a structural element must be considered when interpreting a claim feature relating to such an element, the interpretation must likewise take into account the physical and…

The basic patent and SPC on Stelara®, the successful blockbuster drug of Janssen, have expired, which means that the generic producer Samsung Bioepis can potentially bring its generic drug on the…

Biogen has had mixed success in Europe in enforcing its patent on a second medical use of dimethylfumarate for the treatment of multiple sclerosis. In the present Dutch case, an attempt to obtain an…

In proceedings for provisional measures, the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with a sufficient degree of certainty that: (i) the Applicant is…

After Novartis had obtained a preliminary injunction against Pharmathen, it observed that there were still infringing acts being performed. In the first instance, the provisions judge sided with…

When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but rather determines the technical meaning of the terms used with the aid of the…

In a second case between DexCom and Abbott, DexCom claimed against Abbott for infringement of a divisional patent by its glucose monitoring system. However, Abbott, in a similar fashion as with the…

In a long awaited, but timely decision the Düsseldorf local division has the honour to be the first to decide an infringement case before the UPC. Indeed, the court lived up to its promise to deliver…