APL_44633/2024

DEVICE FOR TREATING NIGHT TIME BREATHING PROBLEMS

AppealsMain AppealCourt of AppealAppeal RoP220.2—

Overview Decisions Citations Documents Timeline

Parties

Claimants

[name redacted / not provided in excerpt]

Reps: Marleen van den Horst (La Gro Geelkerken Advocaten)

Respondents

OrthoApnea S.L.
Vivisol B BV

Reps: Christophe Ronse (ALTIUS Advocaten)

Judges

Klaus GrabinskiPresident of the Court of Appeal
Peter BlokLegally qualified judge and Judge-rapporteur
Emanuela GermanoLegally qualified judge

Patents

EP2331036

CPC codes: A61F5/566

Sector: Pharmaceutical & Medical

Outcome

Dismissed

Filed: —

First decided: Nov 21, 2024

Language: —

Court of Appeal declared the appeal against the primary first-instance order inadmissible and rejected the appeal against the review order. The CoA clarified the rules on amendment of a case versus new arguments: not every new argument constitutes an amendment of case requiring leave under R.263 RoP; the nature or scope of the dispute must change. The anonymised respondent's claims relating to admissibility of new arguments were assessed. The case involves a patent infringement action before a Dutch-language division.