In injunction proceedings decided in just a few hours (likely a record in Spanish patent litigation) in the context of the 2018 Mobile World Congress, Barcelona Commercial Court no. 4 granted a preliminary injunction. However, it also allowed the infringer to lift the injunction by providing a “counter-guarantee”. Thus far a very exceptional occurrence, this is now becoming increasingly common under Spanish law. In doing so, the Court applied the framework set out in the influential Huawei v ZTE decision of the European Court of Justice, despite the patent in suit not being a standard essential patent.
Case date: 20 February 2018
Case number: Ruling no. 46/2018
Court: Commercial Court of Barcelona
A full summary of this case has been published on Kluwer IP Law.