“… judgments. It also envisaged that where invalidity was in issue, a separate challenge had to be brought in each member state where the patent had effect: see (Case C-539/03) Roche Nederland BV v Primus [2007] FSR 5. Birss J discussed this question (amongst others) in Eli Lilly and Co v Genentech Inc [2017] EWHC 3104 (Pat), [2018] …”
“…a 48, was expressly enshrined in the drafting of article 6(1) of Regulation No 44/2001, the successor to the Brussels Convention : Roche Nederland BV v Primus (Case C-539/03) [2006] ECR I-6535, para 21.…”