VDV R&D BVBA, VDV Beton N.V. and Grobeton N.V. v. Swaans Trilbetonbedrijf B.V., Swaans Beton Weert B.V., Swaans Materieel B.V. and Swaans Quality Force B.V., District Court The Hague, 9 September 2015, Case No. HA ZA 14-911.
Concrete grids. VDV R&D holds a European patent for “method for the realisation of concrete grids for stable floors for cattle and the like”. The court upheld the patent notwithstanding invalidity challenges based on lack of inventive step, insufficiency and added matter/extension of scope of protection.
The patent contains only method claims. Part of the claimed method is that grooves are applied to the concrete after partial curing and removal of the concrete grid from the mould. Swaans had argued that the patent was obvious in light of a German patent application (DE 224) disclosing a prefabricated concrete grid with grooves and a British application (GB 303) disclosing a process by which grooves are applied to the soft surface of concrete that is still in the mould.