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.