The influential Barcelona Court of Appeal corrected a finding of the Barcelona Patents Court, which – to great surprise – had lifted an injunction on finding that Swiss-type claims were affected by the Spanish Reservation to the European Patent Convention, and thereby ineffective in Spain. Although this decision arrived only after SPC expiry and thus much too late for this particular case, which concerned a top-selling blockbuster, it is nevertheless a welcome relief for Spanish patentees in similar situations.
Case date: 16 May 2018
Case number: Ruling no. 59/2018
Court: Court of Appeal of Barcelona
A full summary of this case has been published on Kluwer IP Law.