EU High Court Ruling Jeopardizes Universal Patent Plan

Law360, New York (April 25, 2011, 4:42 PM EDT) -- A planned single patent system for all of Europe may never succeed now that Europe's highest court has rejected a proposal for a specialized court to enforce the patent, attorneys say.

The European Court of Justice held on March 8 that a new, separate patent court would violate European Union law by taking powers away from courts in EU countries. Without a specialized court, however, the plan for a single patent system loses nearly all of its appeal, lawyers say.

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