IAM: Recent developments in European cross-border patent litigation
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Started by: zoobabzoobab
Date: 19 May 2008 11:32
Number of posts: 1
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Summary:
In a patent litigation context, the term "cross-border" typically refers to claims relating to patent infringement in more than one jurisdiction: either a patent owner seeks an injunction against an alleged infringer in more than one country or the alleged infringer seeks a declaration of non-infringement in more than one country. Because patent rights are territorial rights that cover only a single member state, such a claim implies that a national court should examine infringement not only of the "local" national patent, but also of a foreign patent. This question has been highly controversial over the past 20 years and was answered only a year and a half ago by the European Court of Justice (ECJ) in two landmark decisions.
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