The Netherlands: The Hague Court declines jurisdiction in Pfizer v Ono

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

The Netherlands: The Hague Court declines jurisdiction in Pfizer v Ono

In a recent ruling by the Court of The Hague C/09/545302 / KG ZA 17-1636, Pfizer and Ono faced each other over an alleged abuse of German process law by Pfizer.

In short, Ono wished to put an end to what it views as the unlawful stalling, by Pfizer, of the grant of its patent application EP2206517 A1. Through this application Ono seeks to protect immunopotentiating compositions comprising anti-pd-l1 antibodies.

Pfizer started a reclamation procedure in Germany in order to obtain co-owner-ship of EP'517. However, Pfizer filed the reclamation procedure after previously having filed third party observations against the patent application. The latter was put forward as proof by Ono that Pfizer had no stake in EP'517, which would make the reclamation procedure unlawful. The reclamation procedure resulted in a suspension of the grant procedure of EP'517 by the European Patent Office (EPO). Subsequently, Pfizer also failed to comply with Ono's request to cooperate in ending the suspension of the grant procedure. Accordingly, Ono claimed that Pfizer had acted wrongfully towards Ono, which wished to maintain EP'517 in the Netherlands among other countries.

Ono primarily demanded that Pfizer be compelled to instruct the EPO to resume the grant procedure of EP'517. The subsidiary demand sought to make Pfizer withdraw its reclamation procedure and forbid it from filing a new reclamation procedure before EP'517 is granted.

The court observed that the US-based Pfizer does not have an address within the European Union. Accordingly, competency of the court must derive from Article 6 Brussels I bis-Vo in combination with the Dutch Code of Civil Procedure (Rechtsverordeningen, Rv). In layman's terms, cause (locus actus) or damages (locus damni) must have occurred in Dutch jurisdiction for the court to be competent.

The court did not accept Ono's plea that damages occured within Dutch jurisdiction due to an inability to enforce EP'517 in the Netherlands as a result of the suspension.

The court was of the opinion that the apparent desire of Ono to enforce EP'517 after grant, if so desired, in the Netherlands, is not substantial enough to render the court competent. In line with this reasoning the court declined jurisdiction.

Ferdinand Leeger


V.O.Carnegieplein 5, 2517 KJThe HagueThe NetherlandsTel: +31 70 416 67 11Fax: +31 70 416 67 99info@vo.euwww.vo.eu

more from across site and SHARED ros bottom lb

More from across our site

Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Leaders at IP boutique say the decision to pursue sponsorless partnership with the specialised investment arm of a private equity firm comes at a time of ‘profound transformation’ in the profession
Patrick Zhang, formerly of Atlassian and TiVo, will become Via’s vice president of licensing and commercial strategy, tasked with helping expand client partnerships and licensing deals
IP services firm says new platform will cut patent portfolio analysis from months to minutes and optimise monetisation efforts
New role for the High Court judge will leave a gap for an IP specialist judge at the first instance
Laura Achával, founder of Achával IP in Argentina, shares how an evolving vision led her to launch her own practice
Gift this article