Recent developments in European cross-border patent litigation | Practical Law

Recent developments in European cross-border patent litigation | Practical Law

Cross-border patent litigation in Europe has been controversial over the last 20 years. Relatively recent case law from the European Court of Justice (ECJ) has made cross-border patent injunction claims nearly impossible but certain other cross-border claims are still possible. This chapter examines what a European cross-border patent dispute is, legal arguments against cross-border patent claims, why cross-border patent injunction claims are now nearly impossible, what cross-border claims remain possible and whether "torpedoes" are still possible.

Recent developments in European cross-border patent litigation

Practical Law UK Articles 7-380-9161 (Approx. 6 pages)

Recent developments in European cross-border patent litigation

by Bruno Vandermeulen, Bird & Bird (Brussels)
Law stated as at 01 Feb 2008European Union
Cross-border patent litigation in Europe has been controversial over the last 20 years. Relatively recent case law from the European Court of Justice (ECJ) has made cross-border patent injunction claims nearly impossible but certain other cross-border claims are still possible. This chapter examines what a European cross-border patent dispute is, legal arguments against cross-border patent claims, why cross-border patent injunction claims are now nearly impossible, what cross-border claims remain possible and whether "torpedoes" are still possible.