The holder of a patent on a preservation technique for roses and chrysanthemums by sea container was proven wrong last week in proceedings on the merits against the flower auction. The claims of the patent holder were also rejected in April 2021. Last week, Floration Europe and Royal FloraHolland were again pitted against each other before the District Court of The Hague.
The case concerned whether or not a patented technique had been infringed during flower shipments from Kenya by the sea in the period 2010-2015 and in the summer of 2020. In 2020, the patent holder decided to seize a container and check the packaging of roses. According to the patent holder, this revealed what was already suspected, namely infringement of their patent for a preservation technique.
Floration Europe holds a patent for a technique that regulates ethylene. Royal FloraHolland points out that the way of packaging is slightly different from the patented technique. The packaging is ethylene permeable, but according to the auction, it is not yet ethylene regulating.
The court has agreed with the flower auction. In the District Court's opinion, Floration is proceeding on the basis of too broad an interpretation of the concept of ethylene-regulating packaging and, therefore, a too broad scope of protection of its patent.