CJEU’s Long-Arm Jurisdiction Ruling Could Shake Up Enforcement Strategies in Europe
The Court of Justice of the European Union (CJEU) recently issued a landmark decision that could upend the status quo for cross-border patent enforcement in the EU. In BSH Hausgeräte v. Electrolux, the court held that as long as the defendant is domiciled in an EU member state, courts in that country can decide claims of infringement of national patents issued in other EU member states and in countries outside the EU, even where those patents have been subjected to validity challenges—for which courts in EU states have exclusive jurisdiction under the EU law at issue. The result, in part, is that national courts in EU countries, as well as the Unified Patent Court (UPC), may now award damages and/or impose injunctions for infringement of non-EU patents—including those issued in the UK and, potentially, in the US.
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