As noted in an earlier post Spain has recently filed a further challenge against the unitary patent system. That wasn’t, however, their first crack at bringing down the system. Back in May 2011, Spain and Italy filed actions (C-274/11 and C-295/11 respectively) against the Council of the European Union attacking the use of the enhanced cooperation procedure that underpins the unitary patent system. Today comes news of the decision of the Court of Justice of the European Union (CJEU) in respect of the earlier Italian/Spanish challenge.

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