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

Cookies Settings

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

Six hires across the IP spectrum reflect Orrick’s efforts to better serve tech clients across the IP lifecycle
David Stone, partner at White & Case, argues that the government’s planned reforms will modernise and futureproof UK design law, but leave two of the thorniest problems unresolved
Max Scott will join the firm’s IP transactions group in California, becoming the latest Weil IP partner to secure their future
Yonatan Drori, attorney at Drori-Stav IP in Israel, explains why foreign counsel must treat Israel’s patent disclosure requirements as an ongoing obligation, rather than a one-off formality
From Japan to Southeast Asia, domestic and regional firms picked up some of the biggest prizes, while key foreign players maintained momentum
Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Gift this article