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On 25 February 2025, the Court of Justice of the European Union issued a landmark ruling in the case BSH Hausger\u00e4te v. Electrolux (C-339\/23), establishing two fundamental principles regarding the jurisdiction of European Union courts in patent infringement and validity actions.<\/p>\n\n\n\n
1. Jurisdiction in actions for infringement of patents granted in a Member State other than that of the court seised<\/strong><\/p>\n\n\n\n The first principle established by the Court concerns the causes of infringement of patents granted by a Member State other than that of the court seised and concerns the interpretation of Article 24, point 4, of Regulation (EU) No. 1215\/2012, in relation to exclusive jurisdiction for causes relating to the registration or validity of patents.<\/p>\n\n\n\n The Court ruled that the article in question must be interpreted as meaning that, in the event of an application for infringement of a patent granted in another Member State, Member State judge <\/strong>of the defendant's domicile, said judge stay<\/strong> competent<\/strong> although<\/strong> the defendant contests the validity of the patent through a nullity exception<\/strong>, without prejudice to the exclusive jurisdiction to decide on such validity which belongs to the judge of the Member State in which the patent was granted.<\/p>\n\n\n\n 2. Jurisdiction for patents granted in third countries<\/strong><\/p>\n\n\n\n Secondly, the Court clarified that, if a judge of a Member State is invested<\/strong>, as the court of the defendant's domicile pursuant to Article 4(1) of Regulation (EU) No 1215\/2012, of an action for infringement of a patent granted or validated in a third State and the validity of that patent is contested by means of an exception of invalidity, the European judge has jurisdiction to examine that exception<\/strong>, since its decision does not affect the existence or content of the patent in that third State, nor does it modify the national register of the latter.<\/p>\n\n\n\n The decision will have a significant impact on the strategy to be adopted in patent litigation and was also expected by some local UPC courts.<\/p>","protected":false},"excerpt":{"rendered":"<\/ol>\n\n\n\n
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