The Netherlands: The Hague Court declines jurisdiction in Pfizer v Ono
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

Mary Till, a former legal advisor at the USPTO who has joined Finnegan this week, is looking forward to providing clients with a USPTO perspective
IP in-house counsel who receive lots of pitches from AI vendors explain how they review them – or why they ignore them
Anna Sosis discusses the importance of IP education and explains why, away from IP, she could see herself becoming a mindfulness teacher
Cross-border judicial collaboration and EU copyright were hot topics on the second day of the EUIPO’s 5th IP Case Law Conference
Nancy Linck, who is 82, explains why she found something new to excite her at Carmichael IP
On day one of the EUIPO’s Case Law Conference, delegates heard why single-letter trademarks are weak and received an update on the EU’s design law shakeup
High-earning businesses place most value on the depth of the external legal teams advising them, according to a survey of nearly 29,000 in-house counsel
Kilpatrick Townsend was recognised as Americas firm of the year, while patent powerhouse James Haley won a lifetime achievement award
Partners at Foley Hoag and Kilburn & Strode explore how US and UK courts have addressed questions of AI and inventorship
In-house lawyers have considerable influence over law firms’ actions, so they must use that power to push their external advisers to adopt sustainable practices
Gift this article