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Delaval v. Boumatic Robotics, District Court The Hague (Rechtbank Den Haag), 07 December 2012

The PI judge in the District Court of The Hague held that under certain circumstances, provisional cross-border jurisdiction can be derived from art. 31 Regulation (EC) 44/2001, which would require a “real connecting link” between the sought measures and the jurisdiction of a contracting state (ECJ C-391/95, Van Uden/Decoline). However, in the present case there are insufficient connecting points for such cross border preliminary injunction, since it’s initiated exclusively against parties without residence in the Netherlands.

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Bayer v. Sandoz (drospirenone), District Court The Hague (Rechtbank Den Haag), 24 January 2013

The PI judge in the District Court of The Hague held that the processes used to manufacture the generic products in dispute did not fall within the invoked patents’ scope of protection, and particularly that these did not comprise equivalent measures, because the allegedly equivalent substances had significantly different chemical compositions and functionality. Finding the alleged infringing processes to be equivalent would be contrary to legal certainty.

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Adding is limiting

Syngenta Limited (hereinafter referred to as “Syngenta”), a company governed by the laws of England and Wales, is the holder of European patent No. 0 382 375 entitled “Fungicides”. On 28 September 2009, it submitted to the Institut national de la propriété industrielle (INPI; French Industrial Property Office) a request for limitation of a claim of the French designation of this patent (pursuant to Art. L. 613-24 of the French Intellectual Property Code; this voluntary limitation procedure independently of any litigation is possible in French law since 1st January 2009 and the entry into force of the French Act No. 2008-776 dated 4 August 2008).


More precisely, Syngenta sought to [...]

Gelomyrtol, Federal Court of Justice (Bundesgerichtshof), 23 October 2012

A composition obtainable on the market is at least not then novel if the composition can be analyzed and reproduced by a skilled person without undue burden. For this purpose, it is sufficient for a complex com¬po-sition that is not easily identifiable, if the skilled person can establish a manageable number of hypotheses on the potential composition, one of which could then be confirmed with the available analysis tools. A unique outcome that excludes any other conceivable composition is not required.

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Article 123(3) EPC – EPO Case Law on Amendments in Composition Claims Converges

Article 123(3) EPC stipulates that a European patent may not be amended in such a way as to extend the protection it confers. A special case of extension of the protective scope may occur in claims which define both the type of and the amount of a specific component. An issue addressed in a series of recent decisions of the Boards of Appeal of the EPO is whether and under which conditions such a claim violates Article 123(3) EPC if after grant of the patent the type of the component is restricted to preferred embodiments. The conclusions reached in the earlier decisions differ greatly, ranging from a clear yes, irrespective of the wording chosen for the claim restriction (see e.g. T2017/07), [...]

A saisie-contrefaçon is not a fishing expedition

The French saisie-contrefaçon is known to be an extremely powerful and effective tool to collect evidence of infringement of a patent (as of any other intellectual property right, see “Saisie-contrefaçon” on Wikipedia and also P. Véron et alii, Saisie-contrefaçon, Paris, Dalloz Action, 3rd ed. 2013-2014). It is a procedure that allows to request and obtain from the Presiding Jugde of the tribunal de grande instance de Paris, an order authorizing the patentee to send a bailiff in order to make a descriptive seizure (which consists in a description by the bailiff’s report of infringing objects and of all facts that could prove the infringement) or physical seizure (where samples of the [...]

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