(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, Case Law, Equivalents, Spain

(Clifford Chance)/

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…