In its 2006 decision in the matter called GAT/LuK the ECJ held that Article 22-4 of the Brussels Regulation – which provides for exclusive national jurisdiction regarding the validity of patents and other registered rights – applies to all proceedings relating to the validity of a patent, irrespective of whether the issue is raised by…

In Denmark, as is probably the case in many other jurisdictions, in IP proceedings a case must be brought against each alleged infringer in that alleged infringer’s local jurisdiction (bailiff’s department of the local city court). In a recent decision from the Danish High Court (Eastern Division) (case reported in the Danish Legal Gazette UfR…

The District Court Duesseldorf held that the addressee may not refuse acceptance of a complaint according to Art. 8 para. 1 lit. a) of Regulation (EC) No. 1393/2007 on the Service in the Member States of Judicial and Extrajudicial Documents in Civil or Commercial Matters if the court file contains objective evidence that the document…

The Barcelona Court of Appeal found that the process used by the defendants to obtain amlodipine was not equivalent to the process protected by the patent in suit. The Court relied on the three Catnic questions test, applied by the English Courts until 2004, to come to this conclusion that the patent was not infringed…