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Düsseldorf strengthens its position as a venue for patent infringement litigation – Second Patent Senate at the Higher Regional Court started its work in 2014

by Hetti Hilge

The Higher Regional Court Düsseldorf has set up a second Senate (panel of judges) that is specifically competent for patent infringement litigation. The Higher Regional Court is the appeal instance for first instance judgments of the Regional Court Düsseldorf in patent cases.

Already at the beginning of 2013, a third civil chamber that is specifically competent for patent infringement cases has been set up at the District Court Düsseldorf as a result of the increasing number of patent infringement complaints at this venue (see our previous post on the announcement). With about 600 cases per year, the District Court of Düsseldorf is the most popular court for patent infrin [...]

The “Italian torpedo” never ending saga

In a recent ruling rendered in the General Hospital v Asclepion case, the Italian Supreme Court wrote the latest episode of the “Italian torpedo” never ending saga. In particular, the Supreme Court upheld the jurisdiction of the Italian Courts in respect of a cross-border Declaration of Non Infringement (DNI). This ruling overturns the earlier Supreme Court judgment in the BL Macchine Automatiche v Windmoeller case which had ruled out cross-border DNI claims, also known as “Italian torpedoes”. The above is probably sufficient news for the older readers of this blog but not for the younger ones.

Italian Torpedo

Italian torpedo was a popular defence in European patent litigation by whi [...]

Mannheim Regional Court on the Liability of a Foreign Supplier under German Patent Law

The Mannheim Regional Court decided on March 8, 2013 (court docket: 7 O 139/12) that a supplier which is located abroad is regularly only liable for participating in patent-infringing acts in Germany if the foreign supplier learns, e.g. by means of a warning letter, that its supply of products to the German market may result in a patent infringement under German law and if the supplier does not refrain from further shipments into Germany.

English Court of Appeal upholds service of cross-border DNI

On 21 May 2013, the Court of Appeal issued its rejection of Lilly’s appeal in relation to Actavis’ purported service of an application for a Declaration of Non Infringement (DNI) in respect of not only the UK designation of Lilly’s European Patent relating to a particular salt form of pemetrexed (“the Patent”), but also the French, German, Italian and Spanish designations.

The principle emerging from the decision is that the English courts consider that it may, at least in principle, be appropriate to hear the arguments relating to infringement of several designations of the same European Patent together in London. Practice points to emerge are: (i) inter-solicitor correspondence m [...]

Delaval v. Boumatic Robotics, District Court The Hague (Rechtbank Den Haag), 07 December 2012

The PI judge in the District Court of The Hague held that under certain circumstances, provisional cross-border jurisdiction can be derived from art. 31 Regulation (EC) 44/2001, which would require a “real connecting link” between the sought measures and the jurisdiction of a contracting state (ECJ C-391/95, Van Uden/Decoline). However, in the present case there are insufficient connecting points for such cross border preliminary injunction, since it’s initiated exclusively against parties without residence in the Netherlands.

A summary of this case will be posted on

Provisional Cross-Border Jurisdiction in Patent Cases according to the CJEU in Solvay


The Court of Justice of the European Union last year delivered a decision on the impact of the GAT/LuK decision on jurisdiction in preliminary infringement proceedings (Solvay/Honeywell).

As the case below is continuing its way through the Dutch courts, the frequency of publications trying to make sense of the 2012 CJEU decision come down significantly. The majority of the commentators so far seem to conclude that the CJEU in Solvay gave the green light to cross-border jurisdiction in preliminary infringement proceedings.

This is a fresh attempt at establishing the impact of the Solvay decision on the interpretation of the relevant articles of the Brussels Regulation (EU Regulat [...]

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