2025-08-29 - LD The Hague - Janssen-Cilag et al. v. Rivolution
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Proceeding Decision
- Parteien:
- Cilag GmbH International, Ethicon LLC v. RiVOLUTiON GmbH
Kernaussage: R.
2025-08-29 - LD The Hague - Janssen-Cilag et al.
v.
Rivolution
R.206 request for provisional measures rejected. Lack of urgency.
notable
The Hague LD dismissed Cilag's application for provisional measures against RiVOLUTiON (German distributor of Chinese surgical staple cartridges) for lack of urgency under R. 211.4 RoP. The urgency clock was set at 11 November 2024. Cilag waited three months before contacting Rivolution and filed only on 29 April 2025. Revival of urgency rejected — study expansion, stock-piling, tender results, Sana listing all foreseeable from November 2024. For a divisional with near-identical claims to parent, additional analysis time beyond one month unjustified. Jurisdiction upheld based on English website and European workshops. Cilag GmbH had standing; Ethicon dismissed after assignment.
Stichwörter
Urgency