Barcelona Commercial Court no. 5 – arguably Spain’s most active patent court – rules in an infringement case concerning motorcycle helmets. The features of a claim cannot be narrowed down based on a preferred embodiment represented in one of the drawings. While probably not a watershed case, this precedent should be considered in future disputes concerning claim construction. Moreover, it showcases the maturity, reliability and effectiveness of patent enforcement in Spain and thus the growing quality of the Spanish IP ecosystem.
Case date: 28 October 2021
Case number: No. 677/2021
Court: Commercial Court of Barcelona
A full summary of this case has been published on Kluwer IP Law.