CJEU: No dismissal of interim relief for patent infringement where the validity of the patent in question has not been confirmed

It is not allowed to dismiss interim relief for patent infringement where the validity of the patent in question has not been confirmed by a decision given in opposition or invalidity proceedings. Article 9(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights must be interpreted as precluding national case-law under which applications for interim relief for patent infringement must, in principle, be dismissed where the validity of the patent in question has not been confirmed, at the very least, by a decision given at first instance in opposition or invalidity proceedings.

LITIGATION – PATENT LAW

Question: 

‘Is it compatible with Article 9(1) of [Directive 2004/48] if German higher regional courts (Oberlandesgerichte), which have jurisdiction at last instance in proceedings for interim relief, refuse, in principle, to grant interim measures for patent infringement if the validity of the patent in dispute has not been confirmed in opposition or invalidity proceedings at first instance?’

Ruling Court of Justice of the European Union:

Article 9(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights must be interpreted as precluding national case-law under which applications for interim relief for patent infringement must, in principle, be dismissed where the validity of the patent in question has not been confirmed, at the very least, by a decision given at first instance in opposition or invalidity proceedings.

IPPT20220428, CJEU, Phoenix Contact v Harting

ECLI:EU:C:2022:309 - Case C-44/21