The letter requests that judges in the new EU patent court be given guidance on when to issue an injunction in cases where the validity of a patent is questionable. The guidelines would make it harder for patent holding companies to block the import and sales of devices by filing infringement lawsuits.
"Without this guidance, the potential exists for a court to order an injunction prohibiting the importation and sale of goods even though the patent may ultimately be found invalid."These rules would be incorporated into the proposed Unitary Patent system and Unified Patent Court, which establishes one patent system and a single jurisdiction court for all participating European Union member states.
A similar group of technology companies are petitioning the U.S. Supreme Court for permission to collect legal fees when patent holding companies lose an infringement case. This change in the allocation of fees would cut down on the number of frivolous suits, argues the group.