Reprise biopharmaceuticals, LLC et al. v Ferring B.V., The Hague District Court, 13 June 2012, case no./docket no. 400255/HA ZA 11-2202.
Reprise alleges that Ferring's patent claims subject-matter which was invented by Dr. Fein. Dr. Fein is now one of the owners of Reprise and in the past he worked together with Ferring. Reprise now claims the partial ownership of the patent.
First of all, Reprise alleges that the remainder of the patent (the part not invented by Dr. Fein) is invalid for lack of technical effect, but this argument is dismissed by the court. What is then claimed by Reprise is not a share in the patented subject-matter, but a part of the patented subject matter. However, the court finds that such claim is not possible since no protection was granted for this specific part (eg. in the form of a separate claim), but only for the combination of this part with features belonging to Ferring. The claims of Reprise are dismissed.
Read the judgment in Dutch here.
Head note: Paul van Dongen