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Europe: Shifting attitudes to patent injunctions

Final injunctions for successful parties in patent cases in Europe have generally been seen as automatic but attitudes are evolving.

Despite their differing common law and civil law systems, courts in the UK and continental Europe have tended to grant  injunctions to successful patent owners after a trial as a matter of course. However, this position has come under pressure thanks to arguments advanced by defendants, notably in cases where the enforced patent covers only a small part of the infringing device.

In the United States, following the eBay decision and subsequent case law, injunctions are no longer viewed as automatic and in fact have become rarer. Now, thanks to a recent Supreme Court case, the UK courts may be heading in a similar direction.

Are automatic injunctions now under threat? The question may end up being addressed by the new Unified Patent Court, and there has already been considerable debate about judges’ discretion to grant injunctions in this planned forum.

Read the full article, originally published by Managing Intellectual Property here