BSH Hausgeräte v. Electrolux
In 2025, the Court of Justice of the European Union (CJEU) held in BSH Hausgeräte v. Electrolux that both national courts in EU countries as well as the Unified Patent Court (UPC) may decide claims of infringement of patents issued by non-EU countries. This effectively means courts of an EU member state where a defendant is domiciled or has a registered agent could adjudicate claims of infringement of a US patent.
In October, 2025, Onesta IP filed suit against BMW in a German court alleging infringement of US patents. In turn, BMW filed suit in the WDTX seeking injunctive relief prohibiting Onesta from pursuing the German case. Perhaps unsurprisingly, US District Court Judge Alan Albright granted a TRO to BMW, which he converted into an anti-suit injunction against Onesta on January 13, 2026.
On Friday, January 16, the Federal Circuit temporarily stayed U.S. District Judge Alan Albright’s injunction while Onesta appeals. In the meantime, Onesta can continue the German case.
The two patents asserted by Onesta are U.S. Patent Nos. 8,854,381 (the ’381 patent) and 8,443,209 (the ’209 patent) and relate to computing and graphical displays allegedly used in BMW’s cars. Onesta previously asserted the patents against chip makers in the International Trade Commission, Western District of Texas, Eastern District of Texas and dealt with IPR challenges in the U.S. Patent Trial and Appeal Board. The ITC and PTAB have issued decisions questioning the validity of some of the 381’s claims. It appears that Onesta may be attempting an end-run on these decisions by suing the end-user, BMW, in Germany and threatening an injunction.
Aside from the issues that arise due to the adjudication of a US patent by a foreign court, another concern the BSH Hausgeräte v. Electrolux decision creates is how this potential option may be further embraced by NPEs.
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