The extraterritorial enforcement of patents – from curiosity to silver bullet?

In the article “The extraterritorial enforcement of patents – from curiosity to silver bullet?”, published in GRUR Patent 2026, Hon.-Prof. Dr. Henrik Holzapfel examines a development that may seem counterintuitive at first glance: enforcing foreign patents before German or European courts. The article explains why this approach can be strategically attractive for patent holders, while also showing that, due to foreign substantive law, procedural complexities, and potential anti-suit injunctions, it cannot be regarded as a universal silver bullet.