Bart van Wezenbeek

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…

Proceedings on the merits and proceedings on provisional measures may be lodged separately before the UPC, but it may also be the case that as part of the infringement case provisional measures are…

In a revocation action the patent may be amended by the patent proprietor. According to Rule 30 RoP this should be done with an application; for subsequent amendments the explicit approval of the…

In accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties, which must be considered in the interpretation…