The UK High Court of Justice grants a declaration of non-infringement (DNI) with cross-border effect

In a decision of May 15, 2014, the High Court of Justice has granted a DNI not only with effect to the UK, but also with effect to France, Italy and Spain. The Court concluded that the law applicable to the question whether the plaintiff is entitled to a DNI is English law. However, even if French, Italian and Spanish law is applicable, the Court concluded that the plaintiff was entitled to a DNI in respect of the French, Italian and Spanish designations of the European Patent in question. As to the question whether the respective designations of the European Patent are in fact infringed or not, the Court applied the respective laws of the different European Patent Convention Member States in question. The decision provides an excellent overview on the different concepts about claim construction and claim interpretation. Note that the District Court Düsseldorf came to a different conclusion and found infringement under the doctrine of equivalence.