Patent litigation strategies: Don’t overlook The Netherlands

Rotterdam in the Netherlands has the largest seaport in Europe an international airport (Schiphol Amsterdam) and Europe’s most innovative technology region (Brainport Eindhoven), perhaps making the Netherlands the de facto gateway to Europe and the reason why it is home to many companies. 

Dutch courts also don’t shy away from exercising jurisdiction against both European and American companies with Dutch establishments. Most importantly, an injunction from a Dutch court can extend well beyond the Netherlands into several European countries. This ability to wield power across Europe sets the Netherlands apart and makes it one of Europe’s most critical patent venues.

In the United States, winning infringement lawsuits does not automatically mean you obtain injunctions that prevent the infringers from selling their products. As a result, patent injunctions are rare and apply uniformly across the country. In contrast, a patent injunction in Europe stops consumers from purchasing a product, so is likely to carry more weight and have a greater impact on the market and the consumers.

The full version of this article is available at Managing IP.