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 to an injunction for invalidity reasons must put forth “very clear and evident indicia” of invalidity. For that reason, the Court of Appeal focused on a relatively straightforward objection on grounds of added matter.

Case date: 13 April 2018
Case number: Ruling no. 40/2018
Court: Court of Appeal of Barcelona

A full summary of this case has been published on Kluwer IP Law.


To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF

One comment

  1. If anyone is reading this, I wish to apologize to any readers who have left comments that went unanswered. I wish to engage with every comment but, unfortunately, the comments are closed very quickly. For this reason only I have left the comments unanswered.

Comments are closed.