In a complex and interesting validity and infringement case, the Barcelona Court of Appeals (Section 15), Spain’s most experienced patent court, tackles a plethora of issues: linguistic interpretation of European patents; long-time tolerance of patent infringement; assignee estoppel vis-à-vis third parties; claim construction; and indirect evidence of (non)-infringement of a product claim in cases where, for evidentiary purposes, such claim is de facto assimilated to a product-by-process claim.
Case date: 13 May 2019
Case number: 864/2019
Court: Court of Appeal of Barcelona
A full summary of this case has been published on Kluwer IP Law.