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 2025

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

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article