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Sirvis B.V. and Serrix B.V. v. Medical Brands B.V. et al, District Court The Hague, the Netherlands, 13 February 2014, Case no. C/09/457050 / KG ZA 13-1464

There is a reasonable chance that the patent relating to “Lip compositions comprising a zinc containing compound dissolved in a hydrophobic phase” will be invalidated in proceedings on the merits because of lack of novelty. The man skilled in the art would understand the measure of dissolving a zinc compound in a hydrophobic phase based on prior art and his common knowledge. Even if this were not to be the case, the patent would be invalid for lack of inventive step. 

Read the judgment (in Dutch) here