Catral Garden v. Interman Nets, Court of Appeal of Barcelona, No. 574/2017, 22 December 2017
Kluwer Patent Blog
June 6, 2018
Please refer to this post as:, ‘Catral Garden v. Interman Nets, Court of Appeal of Barcelona, No. 574/2017, 22 December 2017’, Kluwer Patent Blog, June 6 2018, http://patentblog.kluweriplaw.com/2018/06/06/catra-garden-v-interman-nets-court-appeal-barcelona-no-5742017-22-december-2017/
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.
A full summary of this case has been published on Kluwer IP Law.