On 9 June 2020 Barcelona Commercial Court no. 4 issued a decision rejecting the opposition filed by a company (the “Defendant”) against a decision of 2 September 2019 from the same Court that had ordered an “ex parte” preliminary injunction preventing the Defendant from marketing pemetrexed diarginine in Spain. The background of the case can…

One of the most salient features of Spanish patent litigation, in comparison to other countries, such as the United Kingdom, is its extreme rigidity.  Judges do not seem entitled to have a sip of water during Court hearings unless a specific provision of the law empowers them to do so. A recent Decision dated 19…

As explained in our blog of 25 March 2020, the declaration of the state of emergency by the Spanish Government on 14 March affected judicial activities in Spain very seriously. For example, Court hearings were suspended, with very few exceptions. Likewise, the periods of time to carry out judicial activities (for example, filing an appeal)…

In Odiorne v. Winkley (1814), Harvard professor Joseph Story, then sitting as a Judge at a Circuit Court of the District of Massacusetts, upon being called to decide whether a machine infringed a patent wrote, in the context of that case, that “The material question, therefore, is not whether the same elements of motion, or…

Barcelona Commercial Courts have a well-deserved reputation for being dynamic and creative. Not surprisingly, it was Judge Ferrándiz, already retired from the Supreme Court, who back in 1993, when he was sitting at Section 15 of the Court of Appeal of Barcelona, had the idea of specializing that Section on a small number of commercial…

Our friends from the EPLAW Patent Blog recently published an interesting blog commenting on the judgment of 29 March 2019 from the Court of Appeal of Barcelona (Section 15) where, among other aspects, the requirements for requesting the limitation of a European patent before the Spanish Patents and Trademarks Office (“SPTO”) were discussed. As explained…