> Secondly I cannot see any basis for an interim injunction. The UK court had already granted a final declaration. Moreover it was sitting not just as a UK court but as a Community Court. Interim injunctions are what you grant in urgent cases where there is not enough time to have a full trial on the merits. That was not this case. [...] Further Judge Birss was not sitting as a purely national court. [...] So his declaration of non-infringement was binding throughout the Community. It was not for a national court - particularly one not first seized - to interfere with this Community wide jurisdiction and declaration.
> Finally I regret to say that I find the Oberlandesgericht's reasoning on the merits sparse in the extreme
> If courts around Europe simply say they do not agree with each other and give inconsistent decisions, Europe will be the poorer.