Jurisdictional Battles in Both European Union Cross-Border Injunctions and United States Anti-Suit Injunctions
Tyler J. Dutton
Emory University School of Law
January 28, 2014
Emory International Law Review, Forthcoming
Some European Union national courts issue cross-border injunctions in an effort to consolidate multi-national patent litigation. The European Court of Justice (ECJ) upheld this practice in Solvay v. Honeywell. In the decision, the ECJ left it to the national courts to decide which cases the courts have jurisdiction. However, the Court gave national courts very little guidance on what to consider when issuing a cross-border injunction.
In comparison to cross-border injunctions in the European Union, U.S. courts have encountered a similar form of an injunction used to consolidate multi-national litigation — the anti-suit injunction. In anti-suit injunction cases, United States courts developed a framework to equitably balance the policy concerns regarding multi-national sovereignty. Because European Union national courts do not currently have a framework to determine which cases the courts have jurisdiction, the courts might look at the framework used in United States anti-suit injunction cases.
Number of Pages in PDF File: 39
Keywords: patent litigation, cross border injunctions, Solvay v. Honeywell, anti suit injunctions, Microsoft v. Motorola, unified patent courtAccepted Paper Series
Date posted: April 19, 2013 ; Last revised: January 28, 2014
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