In a judgment in a low-key dispute concerning the infringement of a utility model, the Barcelona Court of Appeal (Spain’s most influential patents court) held that the scope of protection of a two-part claim was determined by its characterising portion, and not by the preamble portion. This finding, which should apply to patents as well, could shape infringement cases going forward.
Case date: 22 December 2017
Case number: No. 574/2017
Court: Court of Appeal of Barcelona
A full summary of this case has been published on Kluwer IP Law.