Posted: March 17th, 2009
Italienischer Torpedo/Italian Torpedo – patent infringement, Düsseldorf Regional Court, Germany, 17 March 2009, Case No.: 4b O 218/08
The only factual requirements pursuant to Article 27 Council Regulation (EC) no. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are the identity of the parties and the identity of the asserted claims. There are no further requirements such as the competence of the court first appealed to. Under this the last court appealed to may not examine the competence of the first court.
The various national parts of a European patent are not to be seen as one patent. After it is granted, the European "bundle" patent is in fact broken down into its individual national parts.
Read the judgment in: GRUR Int. 2009, pp. 402 – 406