The Netherlands: A matter of fine print

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: A matter of fine print

In the case of Hewlett-Packard v Digital Revolution (Court of Appeal, The Hague, May 23 2017) a fair number of claims of the patent (EP 2170617) were held to be invalid on the basis of the interpretation of the means-plus-function claims. The appeal court endorsed the interpretation that was used by the EPO Board of Appeal in case T 0096/12.

Normally, functional features in claims need to be understood as "suitable for" the specified function. However, the EPO Board of Appeal held that especially when considering claims relating to computer programs and data processing, on a proper construction the claimed apparatus should be interpreted as adapted to carry out the specified function. The "adapted to" interpretation is further justified by the claims through the wording "configured to" used therein. When explained in this way, the prior art of Paulsen (EP 0956963) was found to be novelty destroying for the apparatus claims 1 to 6.

Further, this case includes an interesting decision on contributory infringement. Digital Revolution sold ink cartridges that were to be used in a printer from Hewlett-Packard. HP argued that these cartridges caused indirect infringement on the remaining valid method claim 7 because the use of this cartridge in an HP printer implies implementation of the claimed method. Digital Revolution counter-argued that by buying the printer the user would have got an implied licence for using the printer, including the software of the controller of the printer and the method of claim 7 incorporated therein (the cartridge itself did not infringe). The court found this a valid argument, because it was proven that the printer could only function with an ink cartridge that was provided with a memory function capable of communicating with the software of the printer (and thereby obligatory for performing the claimed method).

Bart van Wezenbeek



V.O.

Johan de Wittlaan 7

2517 JR The Hague

The Netherlands

Tel: +31 70 416 67 11

Fax: +31 70 416 67 99

info@vo.eu

www.vo.eu

more from across site and SHARED ros bottom lb

More from across our site

The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
The Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Patent and trademark practitioners say new arrival will help maintain the UK's reputation as a leading forum for complex IP disputes
Qantm CEO speaks to Managing IP about the business's first deal since it was acquired by a private equity firm and explains why top-tier Malaysian firm Henry Goh & Co was the group's ‘plan A, B and C’
Gift this article