ECJ Endorses Interim Cross-Border Injunctions In Patent Cases

On 12 July 2012, the Court of Justice of the European Union ("ECJ") confirmed the admissibility of interim cross-border injunctions in patent disputes under limited conditions. It did so in a preliminary ruling clarifying the provisions of Council Regulation 44/2001 on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the "Brussels I Regulation").

The case before the ECJ pitted Solvay against two Belgian entities and one Dutch entity of the Honeywell Group ("Honeywell"). Solvay had initiated infringement proceedings against Honeywell before the District Court of The Hague claiming that Honeywell had infringed national parts of Solvay's European patent. Solvay sought to obtain an interim injunction with cross-border effect until a decision on the merits of the case was taken. In its defence, Honeywell, counterclaimed that the respective national parts of Solvay's European patent were invalid.