The Court of Justice ruled that claims against different companies located in different Member States marketing the same product regarding infringement of a a European patent in one jurisdiction were so closely connected that they may be decided jointly to prevent irreconcilable judgments in the sense of Art. 6(1) EC 44/2001. In the present circumstances, a provisional judgment regarding the validity of a patent on the basis of Art. 31 EC 44/2001 is not prohibited by Art. 22(4) Regulation 44/2001, because it regards only a provisional finding.
Click here for the full text of this case.
A summary of this case will be posted on http://www.KluwerIPCases.com
________________________
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
