Applying a purposive construction of the claims the Court found no infringement similar to the conclusion in prior parallel proceedings between the parties in the Netherlands, Germany and the United Kingdom. The issue of added matter was left to be addressed in a separate judgment.
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Nuno Pires de CarvalhoThe author presents 80 cases that interpret the various public policies that mould the interface of intellectual property law with competition law (or antitrust). Although most cases are from the United States – which has developed an enormously wide wealth of jurisprudence in this area – the work includes cases from the European Union, the United Kingdom, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina.