(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, Austria, Enforcement, European Union, France, Germany, Ireland, Italy, Netherlands, Novelty, Opposition, Priority right, Revocation, Spain, Sufficiency of disclosure, United Kingdom, United States of America, Validity

(Rospatt Osten Pross)/

Do we need a Community Patent? Do we need a European Patent Litigation System? Or does the current fragmented system have a hidden wisdom behind it? Judge for yourself!

(Cross-border) jurisdiction, Denmark, Enforcement, Injunction

(Bugge Valentin)/

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…

(Cross-border) jurisdiction, Germany

(Rospatt Osten Pross)/

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…

(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…