EUPillar Lecluyse and General Trading Company Ortes v. X, Duolight and Excellenta

Summary

The first defendant is the holder of a European patent for window blinds which was granted in 2003. This patent is also exploited by the second and third defendants. The plaintiffs allege they have a right of prior use and would like the Court to confirm that right before the defendants try to initiate a claim for patent infringement. The defendants reproach the plaintiffs a lack of good faith, and introduce a counterclaim for patent infringement and provisional damages of 100,000 EUR. First of all, the defendants contest the jurisdiction of the Court. It appears from the document instituting the proceedings that the plaintiffs claim they have been in possession of a machine which allows to manufacture the patented product since 1985; that the first defendant bought the patented product from them; and that they contest the validity of the patent. In matters relating to tort, Art. 5(3) Brussels I confers jurisdiction on the courts for the place where the harmful event occurred. The ECJ interprets this provision broadly. It encompasses all actions that do not result from a contractual obligation, as is the case here. Therefore, Art. 5(3) Brussels I determines that the defendants may be sued before the Belgian courts. This provision must be read in conjunction with Art. 73(1) and (2) of the Belgian Patent Law of 28 March 1984. In matters relating to patents, the plaintiff can choose to bring his claim either before the Court of First Instance which holds its sessions at the seat of the Court of Appeal of the district where the defendant(s) has his or their domicile, or before the Court of First Instance which holds its sessions at the seat of the Court of Appeal of the district where the infringement or exploitation took place. The defendants are domiciled abroad, and the alleged infringement took place in Kortemark, in the district of the Court of Appeal of Ghent, it is the Court of First Instance of Ghent which has jurisdiction. The Court declines its jurisdiction and transfers the case to Ghent.