Paul Torremans (Nottingham University) has published “Exclusive jurisdiction and cross-border IP (patent) infringement: suggestions for amendment of the Brussels I Regulation” in the European Intellectual Property Review (E.I.P.R. 2007, 29(5), 195-203). Here’s the abstract:
Calls for amendments to Council Regulation 44/2001 (the Brussels I Regulation) concerning cross-border patent infringement claims, in the light of European Court of Justice rulings on claims of invalidity raised in infringement proceedings, and the consolidation of claims against related defendants in more than one Member State. Suggests reform proposals to facilitate the effective enforcement of patents.
The ECJ ruling in question is, of course, Gat v Luk. The article is available to those with a subscription to the EIPR.