BASF SE v. IGM Resins B.V., preliminary injunction proceedings, District Court The Hague, The Netherlands, 16 December 2014, Case No.C/09/469547 / KG ZA 14-827
BASF accuses IGM Resins of selling a product which is a direct result of a process patented by BASF. IGM Resins gives 3 different explanations regarding the process used. According to the President this does indeed give rise to questions, especially since IGM in an earlier instance indeed committed infringing acts.
However, it would go to far to based on only a declaration of BASF's own employee assume that (i) the process used according to IGM is not possible and (ii) that thus the BASF process is used. Based on IGM's reasoned defence, BASF did not sufficiently state the infringement. The presence of an independent expert (as suggested by IGM) could have taken away any doubt, according tot the President. BASF did not agree to this approach, as the process could still be manipulated. The President thought this to be unlikely and denied BASF's claim.
Read the entire judgment (in Dutch) here.