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Courts can rule on infringement, not validity, of non-EU patents, top court says

By Inbar Preiss ( February 25, 2025, 12:20 GMT | Insight) -- The EU Court of Justice ruled today in a dispute between BSH and Electrolux that national courts in EU member states can decide infringement claims involving foreign patents but cannot rule on their validity. The decision clarifies that while validity can be raised as a defense in infringement cases, national courts cannot annul or alter foreign patents, as only the granting state has exclusive jurisdiction over their registration and validity.A long anticipated EU Court of Justice ruling in a patent dispute between two household appliance manufacturers clarified today that EU national courts can decide infringement claims involving foreign patents but cannot rule on their validity....

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