Tuesday, January 26, 2021
Leapfrogging to Luxembourg: Munich I Regional Court refers to the CJEU the question of access to preliminary injunctions over untested patents
Over the years, the Supreme Court of the United States decided a number of patent cases, which is reflective of how important some controversies in that field of law are. Critics of the Federal Circuit would say the Supreme Court just had to step in all the time to restore sanity.
"Is it a correct application of Art. 9 para. 1 of Directive 2004/48/EC that higher regional courts, whose decisions cannot be appealed further in preliminary injunction proceedings, generally deny injunctive relief over patent infringement if the patent-in-suit has not survived an opposition or nullity proceeding in the first instance?"