A recent ruling by the Court of Justice of the European Union (CJEU) has significant implications for cross-border patent litigation within the EU. On February 25, 2025, in case C-339/22, the court clarified that if a lawsuit for infringement of a European patent, valid in multiple states, is filed in the EU member state where the defendant resides, the court possesses cross-border jurisdiction over the infringement, even if the defendant has initiated nullity proceedings in another state where the patent is also valid. This decision is pivotal for patent disputes in EU national courts, as it allows for the enforcement of a European patent through a single action against infringement occurring across 27 EU member states, as well as in Iceland, Norway, Switzerland, and other countries under specific international agreements. The ruling underscores the necessity for legal practitioners to navigate not only EU patent laws but also the interplay of various regulations and international conventions. The case originated when the German company BSH sued Swedish firm Electrolux in Sweden, alleging infringement of its European patent related to vacuum cleaner technology. BSH sought an injunction to halt Electrolux's use of the patented invention across all jurisdictions where the patent was valid. Electrolux countered with a nullity claim, arguing that the Swedish court lacked jurisdiction over infringement claims in other countries while the nullity action was pending. The Swedish court, acknowledging its limitations under EU Regulation 1215/2012, referred the matter to the CJEU for clarification. The CJEU's ruling confirms that jurisdiction for patent infringement actions lies with the court in the EU member state where the defendant is domiciled, irrespective of concurrent nullity actions. Furthermore, while EU courts can address nullity claims related to non-EU states, their decisions will only affect the parties involved and not national patent registries. This ruling enhances the efficiency of cross-border patent enforcement within the EU and associated jurisdictions.
This news is summarized and processed by the IP Topics artificial intelligence algorithm.
Read the full article on the original webpage: https://www.sib.it/?p=28909
The cover image belongs to the source website and is used as an integral part of the summary of the reference article.
Tags:
Brevetti