Italian Supreme Court: doors open to ‘torpedo actions’

With a decision dated 10 June 2013, the Italian Supreme Court asserted Italian jurisdiction over a request for a declaration of patent non-infringement of both an Italian and German portion of a European patent, within a proceeding started in Italy by a German company against two US defendants.

The two defendants objected that the Court of Rome lacked jurisdiction on the grounds that (i) there was no link between the proceeding and the Italian territory and (ii) national courts are unable to rule over the infringement of a foreign patent…

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