NL - WDS Luxe v. Spant Best B.V. (Plameco)

WDS Luxe B.V. v. Joseph Spanjers and Spant Best B.V. (Plameco),  invalidity and infringement proceedings, The Hague District Court, The Netherlands, 13 January 2010, Docket No. 336602 / HA ZA 09-1505

Claim 1 of EP 308 is not novel over the Tombu patent. No violation of the principles of due process due to the late filing (prior to oral proceedings) of the auxiliary request. The auxiliary request adds an element to claim 1 that can not be directly and unambiguously derived from the application and is thus not allowable. The same goes for the alternatively filed auxiliary request, which was moreover filed too late (at the hearing). Also claims 2 to 7 are invalid.

Read the judgment (in Dutch) here.