
Ernst-Peter Heilein
German and European Patent Attorney, founder of HEILEIN IP LAW, and Senior IP Leader at BSH Home Appliances with expertise in IP strategy, prosecution, and enforcement.
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Jul 31, 2026
Long-Arm Jurisdiction in Europe – Interview With the Mastermind Behind the BSH v. Electrolux Decision of the ECJ Dr. Ernst-Peter Heilein – His View on Follow-Up Cases Like Fujifilm, Regeneron, and Onesta – IP Fridays – Episode 177
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17:49
18:07
18:20
18:26

Rolf ClaessenHOST
Does that mean the Home Court, hearing the infringement case, will now also decide whether the patent is valid?

Ernst-Peter HeileinGUEST
The European Court of Justice confirmed that questions about the validity of a European patent should still be decided by the national courts of the country for which the patent was granted, as provided for in Article 24.4 of the Brussels 1A Regulation.

Ernst-Peter HeileinGUEST
What is new is that the infringement case does not automatically fall apart because of a validity challenge.

Ernst-Peter HeileinGUEST
So how does it work in practice? The European Court of Justice gives the home court some flexibility.

Ernst-Peter HeileinGUEST
For patents from member states of the European Union, the Home Court does not automatically lose its power if the defendant says the patent is invalid.
8 MINS LATER