Multi-jurisdictional patent litigation

Multi-jurisdictional patent litigation refers to the situation in which the same patent, or the same patent family, is litigated simultaneously before several courts. A European patent breaks down into national titles. The proprietor may therefore sue in France, in Germany, in the Netherlands or before the Unified Patent Court, while an opposition is pending before the EPO. This multiplication of fronts has become the rule in large-scale industrial disputes.

The components of multi-jurisdictional patent litigation

First, the opposition procedure before the European Patent Office may lead to the revocation of the title for all designated States. Second, each national court rules on the validity and infringement of the national part of the patent. Third, since 1 June 2023, the UPC offers a single route for European patents that have not been the subject of an opt-out and for unitary patents. Multi-jurisdictional patent litigation therefore requires the coordination of different timetables, rules of evidence and standards of assessment.

Strategic stakes

The choice of the first forum is decisive. A quick decision in one country may weigh on the other proceedings, even without res judicata effect. Provisional measures, the protective letter and the long-arm jurisdiction recognised by the Court of Justice of the European Union in BSH v Electrolux also alter the balance between the parties. A coherent strategy must therefore be settled before the first procedural step.

Key points

In practice, multi-jurisdictional patent litigation requires close coordination between counsel in the different countries, consistency of the validity arguments and a command of the UPC rules, published on the website of the Unified Patent Court. The firm acts in these coordinated disputes, on the front line in France and before the UPC, and in coordination with foreign correspondents. Find our approach on the page dedicated to patent litigation.