The English courts have demonstrated that they are willing to consider issues of infringement of foreign IP rights, but the position is very different in respect of validity. In the latest edition of Bio-Science Law Review, Nina O'Sullivan discusses the recent case of Chugai Pharmaceutical v UCB Pharma where it was argued that a dispute over the terms of a licence was a dressed up claim of invalidity. In considering the competing arguments, the Court considered a number of interesting principles relating to jurisdiction over foreign patents, including comity, the act of state doctrine and commonly used jurisdiction clauses in patent licences.
The article was published in Bio-Science Law Review Volume 16, Issue 3. A PDF can be accessed here.