Cross-border Patent Litigation Update April 2025

Hardly has there been a time with such a flurry of activity in the development of the patent system in Europe.

The Unified Patent Court, approaching its second anniversary in June, has been the most obvious game changer on the continent. With the first main action decisions starting last year, a significant body of case law is being formed on key substantive questions such as standard essential patents, the assessment of inventive step and the doctrine of equivalents. Further decisions discussed in our latest newsletter relate to the scope of revocation actions and jurisdiction.

Jurisdiction issues were also the focus of an important decision by the Court of Justice of the European Union. This court is not often in the spotlight when it comes to patent litigation, but its decision in BSH Hausgeräte v. Electrolux will shape patent litigation strategies in Europe for the years to come. The court confirmed that courts in the EU Member States have jurisdiction to hear infringement actions concerning patents from other EU Member States and even third party states, thus opening new opportunities for forum shopping within Europe’s national court system and increasing legal uncertainties.

As usual, we also summarise key decisions from Germany, France, Belgium and the United Kingdom. They cover a variety of topics such as the calculation of damages for patent infringement, requests for investigation measures in other EU Member States or FRAND questions.