Bart van Wezenbeek

The Court held that the CJEU decision in the Bericarp case, where it was decided that for invalidity procedures no reimbursement of full litigation costs applies, did apply to invalidity proceedings…

The Court concluded that the compound darunavir was not protected by a patent within the sense of Art. 3 of the SPC directive because, following the CJEU decision in Teva v Gilead, it is necessary…

Access to seized goods and data should be denied in preliminary proceedings if the seized material contains trade secrets and there is a serious chance that the patent will be held invalid. Case date…

Relevant prior art may prove not to be useful as a starting point for an attack on inventive step if the prior art teaching is negated by later studies before the effective date of the patent claims…

In preliminary proceedings, the risk that a company will potentially suffer greatly as a result of the decision is a factor that has to be taken into account by the court. Case date: 28 December 2018…

Even though subject to a confidentiality agreement an internal newsletter may be deemed publicly available if the addressees would not consider the newsletter to be covered by the confidentiality…

The court solved the question of inventive step using the problem-solution approach, defining the objective technical problem without including a pointer to the solution of the problem. This, however…

The Court of Appeal of the Hague confirmed that a technical effect may only be cooroborated by post-filed data if it is sufficiently plausible from the description. Further, extension of the process …

For establishing inventive step it is not necessary that the prior art contains a pointer for combination, only that in the relevant prior art an incentive was present to combine the prior art. Case…