Netherlands: Limitation of claim changes in appeal

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

Netherlands: Limitation of claim changes in appeal

In Dutch court practice, an appeal is of a devolutive nature, that is in appeal the case is reconsidered as a whole. However, in a recent interlocutory decision (November 3 2015, High Point v KPN), the Appeal Court in The Hague found that the patentee was not entitled to further limit his claims.

During the first instance case, High Point had already filed three sets of limited claims on which the court had based its decision. With the statement of appeal, High Point attacked the decision of the court of first instance and only later, although clearly in advance of the oral hearing, did High Point file a new set of further limited claims.

High Point's arguments that these new claims would simplify and accelerate the procedure, that it would always be possible to decrease the demand of relief and/or that the EPC would give the patentee the right to limit the patent, were not convincing. The appeal court determined that such a late filing of a limited claim set would not fit with the practice that in appeal no new facts or arguments are filed after the statement of appeal that could start a new discussion between parties.

On the other hand, the argument from KPN that by introducing this new set of claims High Point has abandoned the claim sets that were on file, was not accepted by the court, either.

This (interlocutory) decision now has the consequence that the case will proceed on the basis of the three claim sets on which the court in first instance has decided.

Bart van Wezenbeek


V.O.Johan de Wittlaan 72517 JR The 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

AIPPI has pulled the plug on its planned 2027 World Congress, and INTA has seemingly committed to hosting a meeting there, but the concerns won’t abate
Despite being outspent by a wealthy opponent, a trial attorney at King & Spalding says ‘relentless pursuit of the truth’ helped his team secure a $420m damages award for mobile gaming client
190 drugs face loss of exclusivity between 2026 and 2030, with the list including Bristol Myers Squibb’s blood-thinning drug Eliquis and immunotherapy medication Opdivo
Nokia, represented by a team from Bird & Bird, adjudged to have made fair offer to Asus and Acer in UK SEP dispute
Azhar Sadique and Kane Ridley, who founded the London office in 2023, are now both working in legal tech and AI-related roles, while another UK-based lawyer has also left
Partner Pierre Pérot rejoins the firm he left in 2022 alongside another returning lawyer, associate Camille Abba
Vaping dispute, in which Stobbs and Brandsmiths are the representatives, tested how the UK's Human Rights Act can apply to injunctions restraining unjustified threats
An AI platform being sold for £40m, and lateral hires involving law firms Womble Bond Dickinson and Cadwell Thomas were among the top talking points
With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Gift this article