BAYER HEALTHCARE LLC v. CENTOCOR B.V., District Court The Hague, The Netherlands, 10 November 2010, case no. / docket no.: 356146 / HA ZA 10-58.
In this case the same patent is at stake as in the earlier case between Bayer and Abbott (read the decision here). In its earlier judgment the District Court of the Hague already invalidated Bayer's patent. Therefore Centocor's counsel requested to cancel the hearing and makes its invalidity counterclaim conditionally. Bayer does not object but requests that the court does not base it judgment on the sole ground that the patent is already invalid. The court agrees and rejects Bayer's claims for the same reasons as in the earlier judgment.
Read the decision (in Dutch) here.
Headnote and summary: Paul van Dongen