NETHERLANDS Law and Practice Contributed by: Rutger Kleemans, Jelle Drok, Ruben Laddé and Allard van Duijn, Freshfields
5.2 Decision-Makers Dutch patent cases are handled exclusively by specialised patent judges at the District Court of The Hague, which has a dedicated chamber for intellectual property matters. In first-instance and appeal patent proceed- ings on the merits, cases are heard by a panel of three judges. However, PI cases are typically heard by a single judge. The Supreme Court, in contrast, hears cases with a panel of either three or five judges. Before the Supreme Court issues its judgment, the advocate general will first present an opinion on the case. All judges in the specialised chambers are experienced in patent law, and some also have a technical background or education. There is no jury system in the Netherlands; decisions are made solely by the panel of judges. The parties do not have any influence on the selection of individual judges, although they are informed of the panel composition in advance. 5.3 Settling the Case In the Netherlands, settlement discussions, including mediation, are optional. The court may encourage settlement, but it is not mandatory, and the decision remains with the parties. If the parties wish to settle, they can request to stay the proceedings or discontinue the case. Discontinuation has no automatic legal conse- quences unless agreed upon by both parties. If a settlement is reached during an oral hearing, the judge can prepare a written record, signed by both parties and the judge, which acts as an enforcement order. There is no requirement to report the results of settlement discussions to the court. The content
of these discussions remains confidential under the Dutch Bar Association’s Code of Conduct if lawyers were involved in the settlement discus- sions. While the existence of ongoing or finished settlement discussions can be shared with the court, disclosing the details without consent may lead to disciplinary action if lawyers were involved. 5.4 Other Court Proceedings In Dutch patent proceedings, other pending cas- es, such as parallel revocation or infringement actions, can impact the ongoing proceedings. Parallel Proceedings The court has the discretion to stay proceedings if opposition or other relevant parallel proceed- ings are pending that could influence the out- come of the case, such as invalidity proceedings involving other parties or entitlement disputes. Typically, the courts are cautious about staying proceedings unless the decision hinges on the outcome of the EPO proceedings (eg, in cases with multiple auxiliary requests) or if a decision from the EPO is expected soon. However, the decision ultimately lies with the court’s discre- tion. In cases of lis pendens under the Brussels I Recast, the court is required to stay the proceed- ings on its own initiative if it is not the court first seized. In such cases, the court has no discre- tion and must stay the proceedings.
6. Remedies 6.1 Remedies for the Patentee
If the patentee succeeds in a patent infringement action and the court finds that its patent rights have been infringed, the available remedies include the following.
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