The Supreme Court held that disputes relating to confidential information contained in an expert's report, filed in the framework of descriptive seizure proceedings, can be heard by the court having…
Co-author Christiaen Dekoninck
The Ghent Court of Appeal dismissed the claims of the German patent holder Grumbach and its Dutch licensee, Bollegraaf Recycling Machinery, relating to the Carbo…
The Antwerp Court of Appeal dismissed the claims of the Spanish pharmaceutical company Almirall against Teva Pharma Belgium (Teva) relating to the generic ebastin. It confirmed the decision of the…
Co-author Christiaen Dekoninck
The Antwerp Court applied the infringement test to assess the validity of a supplementary protection certificate (SPC) covering a combination product. As a result, the…
Co-author Christiaen Dekoninck.
Noteworthy decision on the balance of interests within the framework of preliminary injunction proceedings: Antwerp Court refuses to issue a preliminary injunction…
Interesting decision on prima facie validity of European patents in Belgian PI proceedings: the respectieve claims of the parties have to be taken into consideration to assess the consequences of an…
On 20 January 2011, the Commercial Court of Ghent handed down a ruling nullifying the Belgian patent on “speculoospasta” held by biscuit manufacturer Lotus Bakeries. Speculoospasta is a bread…
In summary proceedings filed by Novartis, the Brussels Court of Appeal issued a preliminary injunction, enjoining Mylan from infringing Novartis' patent for 'pharmaceutical compositions for sustained…
In a global patent battle between Ajinomoto and Global Biochem Technology (GBT), a Belgian front was opened on March 25, 2008 when Ajinomoto seized more than 4 million kilos of infringing L-Lysine (a…
This matter concerns levocetirizine, which is an enantiomer of cetirizine. The Court held that, at the priority date, it would have been obvious to the skilled person to check whether levocetirizine…
