Street Surfing LLC v. Alcom Computer Products B.V. , preliminary injunction proceedings, The Hague District Court, The Netherlands, 2 December 2009, Docket No. 345784 / KG ZA 09-1122
An unregistered license can form the basis of an enforcement action against a third party if the third party, as currently is the case, is aware of the existence of the license (Art. 56 Dutch Patent Act).
After applying the problem/solution approach the court concludes that additional inventive work from the skilled person is needed to get to the invention of the Patent.
A cross border injunction is granted as the claim for such an injunction was not contradicted.
Read the judgment (in Dutch) here.
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