Middenweg v. Multispike, District Court The Hague 19 November 2010, case / docket number: 378904 / KG ZA 10-1338
In this enforcement dispute, the President of the District Court of The Hague confirmed that the enforcement of an injunction can only under very strict circumstances be suspended, i.e. when the power to enforce is misused. Misuse can e.g. be held when it is clear that the decision leading to the injunction was based on a clear legal or factual error. According to the President, serious concerns on the validity of the Patent on the basis of newly introduced prior art do not qualify as such: an enforcement dispute is not a forum to raise new defenses. Partly for this reason the President refused to lift the injunction, leaving the injuncted party to fight the injunction in appeal.
Read the decision (in Dutch) here.
headnote and summary: Geert Theuws