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  • National Cross-Border Infringement Actions:  Ready For A Serious Comeback?
    07/17/2024
    While the patent litigation world is closely watching the Unified Patent Court, the Court of Justice is thinking about a matter that might yet again shake up the European patent litigation landscape.  In this update we discuss the February 22, 2024, Opinion Ag, C-339/22 of the Advocate General, Nicholas Emilio, in the case between BSH Hausgeräte GmbH and Electrolux AB, about cross-border jurisdiction in patent cases under the Brussels 1 bis Regulation.  If the Court of Justice follows the Advocate General’s opinion, cross-border infringement cases before national European courts may make a serious comeback.  This, in turn, could make national courts attractive again for cross-border patent matters.