Injunction against infringement of Permavoid patent

The District Court of The Hague has rendered judgment in the patent case Permavoid Ltd et al v HTW Installatietechniek B.V. on 7 January, 2015. Permavoid owns a European patent which regards the use of connected synthetic drainage modules as foundation replacement for vehicle trafficked pavements.

The patented system is very popular for use in the construction or improvement of roads etc., since the system fulfils two functions at once: the interconnected drainage modules provide for sturdy foundation of the road service and they serve as a shallow water storage reservoir at the same time.

Competitor HTW offers a similar system, but argues it does not infringe the patent because it uses an additional material, geogrid, below and on top of the modules in order to achieve the sturdiness required for foundations of vehicle trafficked pavements. In addition, HTW argued that the Permavoid patent was invalid for lack of novelty and inventive step, for insufficient disclosure and for containing added subject matter.

The District Court of The Hague ruled that the patent was indeed valid and that HTW had infringed the patent. It orders HTW to cease and desist from the infringement under pain of forfeiture of a penalty sum, and to pay damages to Permavoid. Furthermore, HTW is ordered to provide full compensation of legal costs to Permavoid.

Jaap Bremer and Eline Schiebroek represented Permavoid in this matter.

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