In one of the saga of cases that involved Societé des Produits Nestlé and companies that are trying to market capsules compatible with Nescafé’s Dolce Gusto system, the defendant alleged, among other arguments, that some of the patents asserted were null due to a lack of inventive step. The case was handled by Commercial Court…

Anyone who ends up litigating in Spain, be it as complainant or as a defendant, should be wary of the rigidity of Spanish patent litigation. Unlike in other jurisdictions, where the parties enjoy leeway to fine-tune their initial positions down the road, according to Spain’s Civil Procedure Act, the initial statements made by the parties…

In our last blog (Will the Spanish Patent Office accept the modification of an SPC’s term after the Incyte judgment?), published on 8 January 2018, we raised the question as to whether the Spanish Patent and Trademark Office (“SPTO”) would accept the modification of the term of a supplementary protection certificate (“SPC”) after the judgment…

Readers will recall that, in its judgment of 6 October 2015 (Case C-471/14, Seattle Genetics), the CJEU concluded that the relevant date for calculating the term of a supplementary protection certificate (“SPC”) is not the date on which a marketing authorisation (“MA”) is granted, but the date when the addressee is notified of the decision…

One of the drawbacks of a fragmented patent litigation system in Europe is the existence of contradictory judgments on exactly the same question from Courts of different European countries. The most recent example of this anomaly can be found in the different conclusions reached by a Spanish Court and, a few weeks later, by an…

When the Kingdom of Spain joined what were then called the European Communities (the “EC”) in 1986, it had to approve a new Patents Act which sought to adapt Spain’s patent law to the standards required by the EC. For example, for the purpose of avoiding that an infringer could invoke a “cover” patent or…

During the past decade, Spanish courts have debated the impact of the TRIPS Agreement (“TRIPS”) on patents the applications of which were filed before 7 October 1992, that is, before Spain’s Reservation under Article 167 of the European Patent Convention (“EPC”) expired. According to this Reservation, European patents would not have any effects in Spain,…