In 2010 the EPO’s Enlarged Board of Appeal took the badge of Swiss type claims from patentees (G 02/08), and since then they cannot use it anymore. Six years later two cases on (infringement of)…
Therapeutic effect of a 2-10mg once yearly dosage regimen is made plausible by an example showing clinical effect of dosage regimens of 0.25, 0.50 and 1mg per three months, 2.0 mg every six months…
Claim construction and scope of protection are perhaps the most hotly contested topics in Dutch patent law. Over the last ten years, we have had no less than six Supreme Court decisions dealing with…
Increasing the (grounds of the) claim at a late stage of the proceedings in accelerated patent proceedings is contrary to due process of law. The claimed printer cartridge is not novel since no…
The Dutch part of EP 119 - allegedly essential to the UMTS standard - was found to be obvious over the latest draft of the UMTS standard pre-priority date read in conjunction with a document of a…
The District Court of The Hague invalidated two patents for a lack of inventive step. The patents claimed to solve two separate problems of a known production method for glatiramer acetate. The court…
The District Court holds that Shionogi’s SPC for rosuvastatin (Crestor®) is invalid in part for added matter and grants a declaration of non-infringement for Resolution Chemicals’ proposed zinc salt…
Competence of the Dutch courts is determined solely based on facts furnished by plaintiff. Jurisdiction for patent entitlement claims is governed by the Protocol on Recognition to the EPC, not by the…
The seizure of evidence is part of every patent litigator’s (pre-trial) arsenal. To some extent this measure is harmonised by the Enforcement Directive (art. 6 Directive 2004/48/EC). However, it does…
The behavior of EPO president Benoît Battistelli is bad for the reputation of the European Patent Office and may in the longer term force him to resign. Wouter Pors, IP practitioner of Bird &…
