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De Brauw Blackstone Westbroek Legal Alert | European Court of Justice gives its blessing to Dutch cross-border practice

Solvay sued one Dutch and two Belgian Honeywell companies regarding infringement of several national parts of a European patent before the District Court of The Hague, claiming that all three companies infringed with the same product in all designated countries. Solvay requested a provisional injunction with cross-border effect for the duration of the main proceedings.

On 12 July 2012, the Court of Justice (“CJ”) rendered its eagerly anticipated judgment in Solvay v Honeywell (C-616/10) relevant to the admissibility of cross-border injunctions in IP cases. We reported earlier here that Advocate General Cruz Villalón (“AG“) proposed the CJ to endorse the on-going Dutch cross-border practice regarding provisional measures and to (re)open the door for cross-border injunctions in main proceedings under limited conditions. The CJ yesterday ruled in line with this proposal.

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