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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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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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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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