Interesting decision on prima facie validity of European patents in Belgian...
Kristof RooxInteresting decision on prima facie validity of European patents in Belgian PI proceedings: the respectieve claims of the parties have to be taken into consideration to assess the...
View ArticleChoose or lose: the importance of starting the right kind of proceedings...
Kristof RooxCo-author Christiaen Dekoninck. Noteworthy decision on the balance of interests within the framework of preliminary injunction proceedings: Antwerp Court refuses to issue a preliminary...
View ArticleFirst Belgian decision on SPC’s coverage of combination products
Kristof RooxCo-author Christiaen Dekoninck The Antwerp Court applied the infringement test to assess the validity of a supplementary protection certificate (SPC) covering a combination product. As a...
View ArticlePrecipitation is no micronization, according to the Antwerp Court of Appeal
Kristof RooxThe Antwerp Court of Appeal dismissed the claims of the Spanish pharmaceutical company Almirall against Teva Pharma Belgium (Teva) relating to the generic ebastin. It confirmed the decision...
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Wear and damage do not constitute a patent infringement
Kristof RooxCo-author Christiaen Dekoninck The Ghent Court of Appeal dismissed the claims of the German patent holder Grumbach and its Dutch licensee, Bollegraaf Recycling Machinery, relating to the...
View ArticleLimitation of the reach of a preliminary injunction and no absolute...
Kristof RooxPI proceedings have always been a powerful weapon for patentees in Belgium. In such proceedings before the President of the Commercial Court a full legal analysis of the parties’ rights...
View ArticleImportant change in Belgian patent litigation: The Belgian Supreme Court...
Kristof Roox 1. Introduction Preliminary injunction (“PI”) and seizure proceedings are powerful weapons in the hands of patentees in Belgium. Often, the success of a product launch and the...
View ArticleImportant change in Belgian patent litigation (2): Belgian Judges must take...
Kristof RooxAs already described in a previous blog entry the Belgian Supreme Court nullified a decision of the Antwerp Court of Appeal granting a descriptive seizure (“beschrijvend beslag”;...
View ArticleCounterfeit remains seized despite expiration of patent, decides Antwerp Judge
Kristof RooxBy Jan-Diederik Lindemans, Crowell & Moring 7 of the IP Enforcement Directive (measures for preserving evidence) was implemented in Belgium in Article 1369bis/1 et seq. of the Belgian...
View ArticleBrussels Court of Appeal refuses to recuse a judge deciding on the merits,...
Kristof RooxBy Christian Dekoninck, Crowell & Moring The Brussels Court of Appeal has clarified in a recent decision that a judge, who has previously ruled on a preliminary injunction in a patent...
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