2026-09-15 - LD The Hague - ToolGen v. Vertex Pharmaceuticals et al. - UPC-CFI-0001830/2026
- Aktenzeichen:
- UPC-CFI-0001830/2026
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- ToolGen, Inc. v. Vertex Pharmaceuticals Incorporated, Lonza Netherlands B.V.
Kernaussage: The judge-rapporteur of The Hague Local Division refused to order production of documents the defendants had obtained through disclosure in parallel English proceedings, where their use is restricted.
2026-09-15 - LD The Hague - ToolGen
v.
Vertex Pharmaceuticals et al. - UPC-CFI-0001830/2026
notable
The judge-rapporteur of The Hague Local Division refused to order production of documents the defendants had obtained through disclosure in parallel English proceedings, where their use is restricted. A production order under R. 190 RoP cannot be used to get around a restriction imposed by the court that ordered the disclosure; the proper route is an application to that court for permission to use the documents elsewhere, and the fact that the defendants had not taken it suggests it would not have succeeded. On that basis the requirements of proportionality, equity and fairness were not met. The Court also refused to strike out the claim for injunctive relief under R. 361 RoP, which is reserved for clear-cut situations: deciding whether the relief must fail required an assessment of facts, law and evidence, so it is not manifestly inadmissible and the arguments belong in the main proceedings. The order confirms the deadline for the statement of defence and invites the parties to state their views on Art. 33(3) UPCA in view of the announced revocation counterclaim.