This is a very short news piece just to share some information that is very relevant in this era of interjurisdictional friction.
Speaking at an Oxfirst webinar today, Judge Victor Torres of the Rio de Janeiro State Court, who has made various major standard-essential patent (SEP) decisions (e.g., April 17, 2026 ip fray article), sent out a message that was as diplomatic as it was assertive:
- Contrary to a Brazilian saying according to which judges should speak only on the record, he would be prepared to engage with judges from other jurisdictions about criteria for antisuit injunctions and similar cross-border instruments.
- Knowing that lawyers will always look for advantages somewhere and legal strategy is “part of the game”, judges from all jurisdictions should communicate and “establish some common sense”, Judge Torres said.
- But there is a “very important decision” by Brazil’s Supreme Court according to which “other […] jurisdictions cannot stop us” and he can only go into conversations with judges from other jurisdictions with that principle in mind.
- “I don’t think Brazil should be the underdog”, he said.
- In the wider context of long-arm jurisdiction, he reiterated the will “to cooperate, not to submit — that’s the difference”.
This is an important development in the global SEP litigation landscape, in which Brazil has become one of the most important jurisdictions worldwide.
Mr Justice Meade of the High Court of Justice for England and Wales (EWHC) has previously encouraged communication between judges from different jurisdictions.
ip fray promotes interjurisdictional peace (March 1, 2026 ip fray article), but cannot take a position on whether and how judges should communicate.