Cross-border injunctions

In short, GAT v LuK rules that the national court has no jurisdiction for crossborder claims if the validity of the invoked patent, consisting of national patents stemming from a European patent, is contested. This means that as long as no validity arguments are raised, a cross-border procedure can continue. It follows from Roche v Primus that cross-border jurisdiction based on Article 6 of Brussels-I, which grants foreign jurisdiction over connected cases, is not easily accepted.