Van Beelen Industrie en Handel B.V. v. Otter Ultra Low Drag Limited, Court of Appeal The Hague, 30 March 2010, Case No. 105.006.802/01, with thanks to Huib Mars, Aries Advocaten
Van Beelen does not indirectly infringe upon Otter's patent by delivering the so-called 'Stealth Rope' to trawl net makers. The rope is not to be considered as a 'means for working the invention, in respect of an essential part of the invention'. In addition, the rope is to be considered a product generally available in commerce.
The Court of Appeal does not reconsider its earlier decision regarding costs (that decision can be read here). The full costs according to the Enforcement Directive will therefore not be awarded as the proceedings were commenced before the expiry of the implementation term of the Enforcement Directive.
Read the decision (in Dutch) here.