Patent case: Xiaomi, Spain

Kluwer Patent Blog
June 28, 2018

Please refer to this post as: , ‘Patent case: Xiaomi, Spain’, Kluwer Patent Blog, June 28 2018, http://patentblog.kluweriplaw.com/2018/06/28/spain-xiaomi-commercial-court-barcelona-ruling-no-462018-20-february-2018/


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.