(Cross-border) jurisdiction

Cross-border jurisdiction means that a national court accepts jurisdiction to grant measures which have effect outside its national jurisdiction, i.e. other states than the state of this national court. In cross-border patent litigation a court may for example grant an injunction against patent infringement in another state

(Cross-border) jurisdiction, (Indirect) infringement, Enforcement, European Union, Germany

(Rospatt Osten Pross)/

by Hetti Hilge The Higher Regional Court Düsseldorf has set up a second Senate (panel of judges) that is specifically competent for patent infringement litigation. The Higher Regional Court is the appeal instance for first instance judgments of the Regional Court Düsseldorf in patent cases. Already at the beginning of 2013, a third civil chamber…

(Cross-border) jurisdiction, European Union, Italy, Procedure

(Trevisan & Cuonzo Avvocati)/

In a recent ruling rendered in the General Hospital v Asclepion case, the Italian Supreme Court wrote the latest episode of the “Italian torpedo” never ending saga. In particular, the Supreme Court upheld the jurisdiction of the Italian Courts in respect of a cross-border Declaration of Non Infringement (DNI). This ruling overturns the earlier Supreme…

(Cross-border) jurisdiction, Damages, Enforcement, Germany, Injunction, Mechanical Engineering

(Hoffmann Eitle)/

The Mannheim Regional Court decided on March 8, 2013 (court docket: 7 O 139/12) that a supplier which is located abroad is regularly only liable for participating in patent-infringing acts in Germany if the foreign supplier learns, e.g. by means of a warning letter, that its supply of products to the German market may result in a patent infringement under German law and if the supplier does not refrain from further shipments into Germany.

(Cross-border) jurisdiction, (Indirect) infringement, Case Law, Chemical Engineering, Enforcement, Injunction, Inventive step, Netherlands

(Brinkhof)/

The PI judge in the District Court of The Hague held that under certain circumstances, provisional cross-border jurisdiction can be derived from art. 31 Regulation (EC) 44/2001, which would require a “real connecting link” between the sought measures and the jurisdiction of a contracting state (ECJ C-391/95, Van Uden/Decoline). However, in the present case there…

(Cross-border) jurisdiction, European Union, Injunction, Netherlands

(Brinkhof)/

Introduction The Court of Justice of the European Union last year delivered a decision on the impact of the GAT/LuK decision on jurisdiction in preliminary infringement proceedings (Solvay/Honeywell). As the case below is continuing its way through the Dutch courts, the frequency of publications trying to make sense of the 2012 CJEU decision come down…

(Cross-border) jurisdiction, Case Law, Enforcement, Germany, Injunction, Procedure

(Hoffmann Eitle)/

The uninterrupted transit of goods designated with a trademark that is protected in Germany does not constitute an infringement of the trademark right according to German law. Should the trademark be protected in the country of destination, a foreign IP right will not be protected, owing to the principle of territory of property rights, as…

(Cross-border) jurisdiction, (Indirect) infringement, Spain, United Kingdom

(Clifford Chance)/

On 27 November 2012, the Honourable Mr Justice Arnold surprised the European patent community with an unprecedented decision (Actavis Group HF and Eli Lilly & Company; Medis EHF and Eli Lilly & Company) where an English Court accepted jurisdiction to decide a declaratory non-infringement action relating to the UK, German, French, Italian and Spanish part…