Maintenance of a patent in opposition or nullity proceedings prerequisite for preliminary injunctions in the European Union? Judgment of the Court of Justice of the European Union of April 28, 2022 (in Japanese)

In a judgment delivered on April 28, 2022, in Case C-44/21, the Court of Justice of the European Union confirmed the legal opinion of the Munich I Regional Court (21st Civil Chamber) on preliminary injunctions in patent infringement litigation. The Court of Justice of the European Union ruled: "In the light of the foregoing, the answer to the question referred must be that Article 9(1) of Directive 2004/48/EC must be interpreted as precluding national case-law under which the grant of provisional measures for infringement of patents is in principle refused if the patent at issue has not survived at least opposition or revocation proceedings at first instance." A German patent or a European patent with effect in Germany can therefore be enforced in German courts without first having to survive opposition or nullity proceedings. The same is true for patents in other countries of the European Union. This improves patent protection for the patent owner.