LEO Pharmaceutical ProductsLtd v. Sandoz B.V., Supreme Court of the Netherlands, The Hague, 3 October 2014, Case No. nr. 13/03763

The Dutch Supreme Court ruled that (contrary to LEO's arguments) in the problem solution approach, it is irrelevant whether the avergare man skilled in the art acknowledged the 'problem'. Decisive is whether having regard to the state of the art, the invention is not obvious to a person skilled in the art (Art. 6 DPA).

Read the entire decision (in Dutch) here.