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,…
On 12 February 2019, the influential Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by a patent’s drawings for the purpose of interpreting the scope of protection of the claims. This judgment has reversed a previous first instance decision which, according to the Court of Appeal, unduly relied on…
In the past few years, the Barcelona Courts with jurisdiction over patent matters (Commercial Courts nos. 1, 4 and 5) have acted in close coordination with one another, e.g. holding joint deliberations of the three judges. Now, in a case where one of those Courts refused to join two separate infringement actions pending before Courts…
In preliminary injunction proceedings, the Barcelona Court of Appeal (Section 15) ruled on the interpretation of the wording “protected by a basic patent” in Article 3.a) of the SPC Regulation, on the same facts decided by the High Court of Justice of England and Wales in the 2018 judgment in Teva v Gilead and, following…
The Supreme Court confirmed that an unregistered patent licensee did have legal standing to file an infringement action in Spain when it filed such action as co-claimant to the patent holder. Case date: 08 February 2017 Case number: ATS 735/2017 Court: Supreme Court of Spain, First Civil Law Chamber A full summary of this case has been published…
The Barcelona patent courts have provided further guidance on preliminary injunctions within the context of trade fairs, where the standard of evidence is higher than usual. Indirect evidence, such as an expert report based on a video of the competitor’s allegedly infringing machine, is generally not good enough. If the patentee lacks direct, “hands-on” evidence…
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”…
Over the last few years, highly detailed discussions on patent validity have been a staple of Spanish preliminary injunction proceedings. The influential Barcelona Court of Appeal now clarifies that, while validity may be discussed, the analysis should not reach the same level of depth as in the main proceedings. Furthermore, a defendant wishing to object…
Barcelona Commercial Court no. 5 handed down a judgment quashing the claimant’s DNI action without ruling on the merits of (non-)infringement. The Court found that the claimant had standing to file the DNI. However, one of the procedural pre-requisites for a DNI action had not been met: the claimant was neither industrially exploiting any actual…
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…
