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NL – Quest Integrety USA v. A. Hak Industrial Services

27 Sep 2016

Quest Integrety USA LLC v. A. Hak Industrial Services B.V., District Court The Hague (PI Judge), the Netherlands, 21 September 2016, Case no. ECLI:NL:RBDHA:2016:11387

Request for access to evidence located in the Netherlands for use in US patent infringement proceedings. The PI Judge rules that Article 1019 DCCP (implementation of the Enforcement Directive) is not applicable as the case relates to a US patent.

The alleged ‘legal relationship’ which needs to be established in order to invoke the applicable Art. 843a DCCP (which Article provides for access to documents pertaining to this legal relationship) according to the PI Judge is the infringement of a US patent. The PI Judge however concludes that in the present case there is no reasonable presumption of infringement, as there is no reasonable presumption of a valid patent. Request denied.

A copy of the decision can be read here.