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CJEU determines that EU courts (including the UPC) have global reach for patent infringement proceedings

27 February 2025

On 25 February, 2025, the Court of Justice of the European Union (CJEU) delivered a significant ruling in the case of BSH Hausgeräte GmbH v. Electrolux AB – C-330/22. This decision addresses the jurisdictional boundaries for EU courts, seemingly allowing them to handle infringement actions relating to both EU and non-EU patent rights, which could streamline litigation processes and reduce legal uncertainties for companies operating across multiple jurisdictions.

The CJEU clarified that a court in the EU member state where the defendant is domiciled retains jurisdiction over infringement actions relating to patent rights in that member state and also in other EU member states, even if the validity of the patent rights in those other EU member states is challenged during the proceedings. This ruling is based on Article 4(1) of Regulation (EU) No 1215/2012, which provides general jurisdiction to the courts of the member state where the defendant is domiciled. Consequently, pan-EU infringement actions brought at a single EU court cannot be derailed by a broad defence of non-infringement by virtue of invalidity of all contested patents.

However, the court emphasised that the exclusive competence to rule on the validity of each contested patent, and consequently amend or revoke patents, remains with the courts of the EU member state where each respective patent was granted. Consequently, findings on infringement and validity may be bifurcated between different EU courts.

Additionally, the CJEU goes much further and ruled that Article 24(4) of Regulation No 1215/2012 does not apply to courts of third countries (i.e., non-EU countries). As a result, the CJEU says that for cases where the defendant is appropriately EU domiciled, there is no bar on an EU court ruling on both infringement, and on a defence of patent invalidity, of patents in non-EU countries. Only patent revocation and amendment is beyond reach for the EU courts, since that is a matter reserved for the relevant non-EU national authorities.

The significance of this ruling lies in its potential to influence how patent infringement cases are handled within the EU and could significantly change the strategies employed in global patent ligation. However, it now remains to be seen how widely this judgement is relied upon, and how willing EU courts will be to apply it in cases that involve non-EU patent rights.

Philip Horler

Electronics, Computing & Physics group

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Withers & Rogers LLP February 2025