Abuse of a dominant position by patent trolls in a dual system of jurisdiction

17.4.2014

Question for written answer E-005065-14
to the Commission
Rule 117
Marc Tarabella (S&D)

A working group composed of representatives from the Member States is in the process of examining the draft set of rules relating to the Unified Patent Court. The 15th draft of the rules provides for the bifurcation of the procedure into two independently competent courts, one of which will decide on issues surrounding the validity of a patent, the other of which will decide on issues of infringement. This introduces a considerable risk, namely that the court deciding on the infringement could issue an injunction taking goods off the market before the court with competence to decide on the validity has held that the patent is in fact valid, thus penalising European undertakings despite the fact that they have behaved in a perfectly lawful manner.

Meanwhile, DG COMP is concerned about abuse of a dominant position by undertakings that have sought to abuse their patent rights.

Is the Commission aware that, without an order of invalidity, the Unified Patent Court may enable patent trolls to abuse their dominant position in its attempts to issue injunctions in respect of invalid patents?

OJ C 405, 14/11/2014