This is an informal case summary prepared for the purposes of facilitating exchange during the 2026 WIPO IP Judges Forum.
Session 8: Cross-border Aspects of IP Disputes
Munich I Regional Court, Germany [2025]: Case No. 7 O 16055/24
Date of judgment: September 25, 2025
Issuing authority: Munich I Regional Court
Level of the issuing authority: First Instance
Type of procedure: Judicial (Civil)
Subject matter: Patents (Inventions)
Plaintiff/Appellant: Regeneron Pharmaceuticals Inc. and others
Defendant/Respondent: Formycon AG and others
Keywords: Cross-border jurisdiction; Patent infringement; Doctrine of equivalents; Injunctive relief
Basic facts: The plaintiff sued the defendant, which was based in Germany, for patent infringement in Germany and 19 other European Union (EU) Member States. The alleged infringement in the other EU Member States was based on national patents in each Member State.
The alleged patent infringement was based on the doctrine of equivalents. It was therefore necessary to determine whether, under the substantive law of the other EU Member States, the contested embodiment would also be considered patent-infringing on the basis of the doctrine of equivalents.
Held: The court held that there was patent infringement in Germany and in the 19 other EU Member States.
Relevant holdings in relation to cross-border aspects of IP disputes: Regarding substantive law, the court assumed that the outcome would be the same in all EU Member States, in light of the common framework provided by the European Patent Convention (EPC) and Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (Enforcement Directive). The burden of proving that the law of a particular Member State would lead to a different outcome lay with the defendant.
Regarding jurisdiction, the court referred to the judgment of the Court of Justice of the European Union in BSH Hausgeräte GmbH v Electrolux AB, C-339-22 (February 25, 2025).
Relevant legislation: Articles 4(1) and 63(1) the Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; Sections 17 and 32 of Code of Civil Procedure (DE326); Section 143(2) of Patent Act (DE312)