Cezhraničné súdne rozhodnutia vo veciach porušenia európskeho patentu
Cross-border Judicial Decisions in Matters of European Patent Infringement

Summary/Abstract: European patent infringement rarely stops at geographical borders. More often, infringement takes place simultaneously in several countries. At the same time the actual enforcement of a European patent concurrently in multiple countries of the European Union is rather complex and time-consuming process. The article focuses on the issue of cross-border decisions in cases of European patent infringement. The practice of granting cross-border injunctions by national courts of some European countries was greatly limited by the ECJ's decisions in Roche v. Primus and GAT v. LuK. However, the later ECJ decision in Solway v. Honeywell has clarified that the court of an EU Member State can rule on actions for infringement of several national parts of the same European patent, by multiple infringers in several EU Member States.

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