Posted by ipeg on January 11th, 2010
MAybe it is time for some intellectual reflection on the current stage of patent litigation in Europe. Those reflections come from a idiot savant, as we are out of patent litigation in Europe for some time now and much what is being brought up may also have to do with being out of the litigation loop and hence may have colored our view on what’s going on in Europe at this time. For years patent litigation in Europe was seen by many as convoluted, cumbersome and fragmentized. Rightfully so. The patent practitioners, in response, brought...
Posted by Severin on March 27th, 2008
I am sure you remember the good old days when Dutch patent practitioners introduced the “pan European injunctions”. Based on the idea that a European patent granted in Munich according to uniform (and unified) principles of patentability should enjoy pan-European protection by a single strike. The Dutch, not known for their shyness when it comes to introducing creative policies, introduced the idea of a “cross border” injunction, of course, to be rendered by Dutch courts. This was the early 90’s. The Dutch Supreme Court opened...
Posted by ipeg on October 31st, 2006
In Europe we had our time when the Netherlands courts, soon followed by courts in Germany, rendered cross border relief under a European Patent in most of the 90’s. This effort to create a truly European wide enforcement of patents after a uniformed granting procedure, was stalled after the ECJ’s decisions in GAT vs. Luk and Primus et al vs. Roche.
In the US extra territoriality is now also at the heart of a judicial review. On October 27, the US Supreme Court granted certiorari (accepted to hear a case) in the Microsoft vs. AT&T...
