EPLAW Patent Blog

NL - Metaco v. Schelfhaut N.V.

Metaco Inc. v. Schelfhaut N.V., preliminary injunction proceedings, The Hague District Court, 13 January 2010, Docket No.352478 / KG ZA 09-1580 

The judge confirms that a cease and desist declaration is only binding to the parties and not binding to a natural or legal person signing the cease and desist declaration in the name of one of the parties. European Patent EP 0 549 209 B1 on 'pleated screens' not infringed (by equivalence).

Read the judgment (in Dutch) here.

DE - Mannheim / determining validity before expiry of opposition time limit

Infringement proceedings (preliminary injunction), Mannheim Regional Court, 27 February 2009, Case No.: 7 O 29/09

As a rule the validity which has to be determined positively for a preliminary cease-and-desist order may not be ascertained on the basis of a patent which is only eight weeks old and for which the time limit for opposition has not yet expired.

Read the judgment (in German) here.