10Mar2010
Safeway v. Kedge, District Court The Hague (Rechtbank Den Haag), 10 March 2010
The District Court of The Hague holds that in case of ambiguities in the claim language the skilled man will consult the prosecution history to determine the scope of protection. The patent can not be construed in such manner that it would lack novelty over prior art from which the patent was explicitly delimited during prosecution. No literal infringement and no infringement under the doctrine of equivalence, since the products do not meet the function, way and result-test.
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