Ferring v. Reprise Biopharmaceutics LLC, Serenity Pharmaceuticals LLC and Allergan Inc and Ferring B.V. v. Allergan Inc and anonymus person, District Court The Hague, the Netherlands, 12 March 2014, Case Numbers HA ZA 11-2167 and HA ZA 11-2849
Action claiming entitlement to a patent. When ruling on entitlement to a patent the application as filed needs to be taken as a starting point, in order to prevent that someone who is not entitled to the patent changes the scope of the patent whilst confronted with a claim from the inventor, thus establishing that the application no longer corresponds to the invention. In the current case the documents submitted do not show entitlement to the invention.
No full costs awarded since this is not a case concerning infringement and it can also not be regarded as an action intended to counter a future infringement action.
Read the decision (in Dutch) here.