The interim injunction is only a battle; it isn’t war yet

Susanna Jones of Floration Europe claims that Royal FloraHolland infringes on her ocean transport patent for rose and chrysanthemum. The auction says that their transport method is different from the method described in the patent. The interim injunction held on 2 March didn’t manage to bring the parties closer together. Proceedings on the merits will probably be next.

“Royal FloraHolland doesn’t know if they’ll continue with ocean freight. Would this not be a good time to bury the hatchet for now then, and agree on a status quo until the fate of the patent becomes clear? The auction could say, in anticipation of the proceedings on the merits, we’ll refrain from any further experiments.”

Marije Knijff, judge at the patent chamber of the court in The Hague, tried to find an opening in the interim injunction between Royal FloraHolland (RFH) and Floration Europe, to see if it could be settled without a ruling.  However, it seemed like proceedings on the merits are unavoidable. The auction’s lawyer, Peter Duijsens of DKZ Lawyers in The Hague, was clear. “Royal FloraHolland doesn’t want any restrictions. Perhaps we’re getting upset over something that we’re never going to use, but we don’t want to pre-empt anything.”

Knijff will make a decision on the interim injunction in six weeks’ time. However, for the two parties involved, the interim injunction is only a battle; it isn’t war yet. Proceedings on the merits will be next. (..)

Click here to read the full article in Floribusiness magazine.

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