Posted: July 20th, 2009
(No name available), infringement proceedings (Italian torpedo), Court of Appeals Düsseldorf, 20 July 2009, Docket No. 2 W 35/09
No stay of German infringement proceedings in view of an already pending declaratory judgment action in Italy (“Italian Torpedo”): A general request before an Italian Court that a certain European Patent as well as any future protective rights deriving there from are not infringed, cannot justify a stay of German infringement proceedings in view of Art. 27 and 28 Regulation (EC) No. 44/2001, if the patents in suit before the German Court were granted after the filing of the request before the Italian Court and were not specifically made the subject matter of the Italian procedure before the German infringement action was filed.
Read the judgment here.