Roche et al. v. Primus
European Court of Justice
2006 E.C.R. 6535 (2006)
- Written by Wesley Bernhardt , JD
Facts
Frederick Primus and Milton Goldenberg (Primus) (plaintiffs) owned the rights to European patent No. 131 627. Primus alleged that a group of companies called the Roche Group (Roche) (defendant) infringed its patent rights to European patent No. 131 627 and brought suit in the Netherlands. Those members of the Roche Group that were not domiciled in the Netherlands challenged the jurisdiction of the court to hear the case. The Dutch trial court exercised jurisdiction and refused to dismiss the case. Roche appealed to the Dutch Regional Court of Appeal, which affirmed the trial court. Roche then appealed to the Dutch Supreme Court, which referred the jurisdictional question to the European Court of Justice.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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