Category: Court of Justice of the European Union
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A ‘breakthrough’ that may have gone ‘too far’: fallout follows ECJ’s cross-border jurisdiction ruling
European patent attorneys have largely welcomed a European Court of Justice decision allowing courts to rule on the infringement of U.S., UK, and other foreign patents (as well as award damages and injunctions). But those in foreign jurisdictions, such as China, are concerned that the ruling could lead to “significant chaos” and that the court…
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Munich appeals court rejects German approach to standard-essential patents, tends to pave way for next ECJ ruling on FRAND
The Munich appeals court rejects a FRAND framework under which practically every implementer of a standard gets enjoined, often over petty behavioral details.
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European Commission court filing completely disagrees with Sisvel v. Haier: German SEP case law is irreconcilable with EU law
In an amicus curiae brief filed in an appeal by HMD of a Munich judgment in favor of VoiceAge EVS, the European Commission completely rejects (without mentioning it by name) the Sisvel v. Haier decision by Germrany’s Federal Court of Justice.
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EU Commission, French government to top EU court: it’s OK to enforce non-EU (e.g., U.S.) patents in EU court against EU defendants
Yesterday the Grand Chamber of the European Court of Justice heard BSH v. Electrolux, a case originating from Sweden that raises the question of cross-border patent enforcement.