HE Licenties B.V. v. Orchid Gardens et al., District Court The Hague, The Netherlands, 14 August 2024, Case no. ECLI:NL:RBDHA:2024:12900
HE Licenties, a party that – among other things – exploits patent rights that are held by another party and that protect a method for colouring orchids/coloured orchids, took action against a number of parties that are active in the flower and plant world (jointly referred to as Orchid Gardens et al.). HE Licenties claims that Orchid Gardens et al. are infringing the Dutch method patents by trading coloured orchids.
Orchid Gardens et al. defend themselves by stating that the invoked patents are invalid and accuses HE Licenties of acting unlawfully by enforcing the patents and seizing their goods. In reconvention, it claims (partial) annulment of the various invoked patents.
The invoked claims of the Dutch patent are revoked due to public prior use as proven with pictures. The European patent was deemed not to be infringed. Liability for damages due to unlawful threat to enforce (‘wapperen’) was not accepted, liability for damages due to unlawful seizures was accepted.
The judgment (in Dutch) can be read here.
