I. Introduction
Europe’s diversity in patent litigation has troubled patentees for many years. Not only that the level of experience of the courts is considerably different from country to country, also the lack of harmony even between experienced patent courts is visible if it comes to claim interpretation, but also with respect to procedural rules1.
Another complaint is the fact that patents, even if they have been granted by the EPO, are territorially limited rights which can only be enforced with respect to one single country and by the respective national courts so that – in spite of the possibility of extraterritorial effects under the Brussels Convention – parallel litigation and resulting forum shopping remains possible. In most European countries the validity of a patent can be challenged by way of a counterclaim or as a defense in an infringement action, in others, like Germany, a separate revocation action must be filed with a separate special court. Of course, a
