District Court, The Hague. 28 October 2015, C/09/481474 / HA ZA
15-100 (ZTE Netherlands v Vringo)
In 2012, Vringo acquired a portfolio of approximately 500
patents from Nokia, including EP 1 186 119 B2 (the
"Patent"). The Patent concerned a method for transmitting
a sequence of symbols and was related to UMTS technology.
From 2012 onwards, Vringo brought proceedings against ZTE
companies in various countries, including the UK, the Netherlands,
Germany, France, Spain, Australia, Brazil, India, Romania and
Malaysia. As part of the proceedings, Vringo requested Dutch
Customs to seize ZTE's goods. ZTE petitioned in Dutch
preliminary proceedings to lift the Customs seizure on the basis
that the Patent should not be treated as valid, but this petition
was refused by the District Court in October 2014.
Before the District Court gave its ruling in the preliminary
proceedings, ZTE also started proceedings on the merits,
petitioning the Court to invalidate the Dutch part of the Patent.
By applying the problem-solution-approach
("PSA") the District Court ruled that there were two
solutions to the problem as framed in the PSA, both of which were
obvious to the averaged skilled person. According to the District
Court, the choice for the one of the two obvious solutions was not
inventive, especially as neither of the solutions offered an
advantage over the other. In the event two solutions are equally
obvious, no pointer to either one is required.
The Dutch part of the Patent was held invalid and Vringo had to
pay ZTE's litigation costs in the amount of € 150,000.
1.The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Community under that trade mark by the proprietor or with his consent.
The UK government has not yet invoked Article 50 of the Treaty on European Union (this is likely to happen by the end of March), and the UK's actual exit from the European Union is at least two years away.
Without doubt Malta offers significant opportunities for the generics drugs Industry and the
evidence for this lies in the pharmaceutical patenting history of the country and in its legislative
In a landmark judgment, the High Court has granted a novel type of declaratory relief to clear the route to market for a product facing a raft of pending patent applications...
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).