In a Judgment dated 26 July 2018, the influential Barcelona Court of Appeal (Section 15) rejected an overly narrow, “literalistic” interpretation of a patent claim. A claim’s terms must be interpreted according to the meaning that a person skilled in the art would give them – even if it is not the most scientifically “puristic” interpretation – also taking account of the patent’s description. Patentees and (alleged) infringers alike in close-call infringement cases can find some useful guidance in this decision.
Case date: 26 July 2018
Case number: 550/2018
Court: Court of Appeal of Barcelona
A full summary of this case has been published on Kluwer IP Law.