News
Booking.com judgment: jurisdiction for actions based on an abuse of a dominant position
On 24 November 2020, the European Court of Justice (ECJ) ruled that the German hotel Wikingerhof, which used the Booking.com platform, may bring proceedings based on an abuse of a dominant position before the courts of Germany, although defendant Booking.com was domiciled in the Netherlands. The decision stems from the questions of the German referring
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Legal 500: an overview of patent litigation in the Netherlands
BarentsKrans’ IP & Technology team provided an overview, in the form of an Q&A, of the most important aspects of patent procedures in The Netherlands for Legal 500. The Q&A provides for a view on the main questions about infringement and (un)validity of patents and important procedural information which is in particular relevant in an
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BarentsKrans advises on the sell side of the acquisition of Sanidump
BK has advised on the sell side of the acquisition of Sanidump by the FG-group, the holding company of the Dutch franchise formulas Sanisale.com, Keukensale.com, Sanistunter and Keukenstunter. Sanidump operates 41 megastores and is the largest and fastest growing independent sanitary shop in the Netherlands and has over 24 years of experience in that field.
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Pharma update | Dutch Court of Appeal: Pemetrexed patent Eli Lilly valid and infringed
In its judgment of 27 October 2020, the Court of Appeal of The Hague found that the generic pemetrexed tromethamine product of Fresenius Kabi Nederland B.V. (“Fresenius”) infringes EP 1 313 508 (‘EP‘508’), held by Eli Lilly and Company (“Lilly”). Yet again a turn of events in Dutch case law, where this issue has been
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Pharma update | AstraZeneca ordered to compensate damage health insurer Menzis for enforcing invalid patent
In a groundbreaking judgment of 14 October 2020, the District Court of The Hague ruled that AstraZeneca AB (‘AstraZeneca’) must compensate health insurer Menzis Zorgverzekeraar NV (‘Menzis’) for having enforced a patent that was later invalidated. AstraZeneca owned European patent EP 0 907 364 (“EP 364”) for a sustained-release (XR) formulation of quetiapine, an active
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Pharma update | Cross-border preliminary injunction granted regarding deferasirox
At the request of Novartis the Provisions Judge of the District Court of The Hague granted a preliminary injunction against Mylan BV for the alleged imminent infringement of Novartis’ paediatric extension (‘PE’) of Dutch SPC 300248 (‘SPC ‘248’) based on EP 0 914 118 (‘EP ‘118’).The product at issue contains deferasirox as the active ingredient
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BarentsKrans advises P. Van De Velde on its acquisition of Veerkarton
BarentsKrans has advised P. Van De Velde on its the acquisition of the shares in Veerkarton. The company produces folding carton packaging in small and medium-sized runs for packaging wholesalers, (food) production companies and retail companies. Veerkarton serves customers in the Netherlands as well as in Germany, France, Austria, Scandinavia and Belgium. Veerkarton’s 70 employees
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BarentsKrans advises Burst on the sale of shares in Intracto
The Corporate and M&A Team of BarentsKrans has advised Burst on the sale and transfer of the shares to Intracto B.V. Intracto B.V. forms part of the Intracto Group, a portfolio company of private equity fund Waterland in Belgium. Burst is a digital agency which helps companies grow in an ever-changing digital world. The CEO
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Pharma update | NPS’s cinacalcet patent held valid by Court of Appeal
EP ‘761, owned by Shire-NPS Pharmaceuticals Inc. (‘NPS’), relates to the API cinacalcet, which is used for the treatment of conditions of impaired regulation of calcium levels in human blood and tissue fluid. The product is marketed under the name Mimpara®. In September 2017, Accord Healthcare Ltd. and Accord Healthcare B.V. (‘Accord’) initiated invalidity proceedings
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BarentsKrans advises the sell side on the sale of Sim Services
BarentsKrans has advised the sell side on the sale and transfer of the shares in Sim Services International B.V. to Arkessa B.V. Sim Services is an independent provider of IoT sim cards and service provider in the field of M2M and IoT communication. CEO Rutger Stekelenburg said the following about this transaction: “Arkessa offers a
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