A case concerning an automated vinification system offers us a glimpse of that rare species of patent litigation: the declaratory non-infringement action. The case demonstrates the need to carefully draft this type of action, as well as the need to choose the right evidence to support declarations that go beyond specific models. This is key…
In a Judgment dated 5 December 2023 in the landmark fingolimod case, Barcelona Commercial Court no. 10 rejected an action brought on grounds of unfair competition by the holder of a patent application. In unique circumstances, the claimant sought to prevent generic competitors from launching on the market during the pre-grant provisional protection period. Is…
In a detailed and impeccably written decision, the Madrid Court of Appeal (Section 32) has ruled in the raloxifene case, awarding damages in the high seven figure region. This is a landmark decision which is likely to shape patent infringement claims and damage quantification, particularly in the pharmaceutical sector. The decision has important implications for…
In a technically complex infringement case, Barcelona Commercial Court no. 1 establishes ad hoc procedural rules for quantification of damages at the enforcement stage. This sheds light on the procedure applicable to follow-on damage quantification proceedings, which are a critical element of enforcement strategy. As such, this case has caught the attention of Spanish patent…
The Spanish Supreme Court rules in a patent ownership and trade secret dispute where a company had filed a patent application which named as inventor the husband of the company’s founder, who had previously led an R&D project funded by a competitor. The Court sets a high standard for ownership claims and, at the same…
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…
In a complex case concerning blockbuster cinacalcet, Section 15 of the Barcelona Court of Appeals makes findings on the non-obviousness of inventions consisting of the provision of an unexpected technical effect. In these cases, the technical problem can be reformulated as providing such effect, provided that it is related to the problem initially disclosed in…
Judgments from the Spanish Supreme Court on patent cases are a rare occurrence. In a recent decision, the Court rules on insufficiency of disclosure, a revocation ground which – once somewhat of a sideshow – is nowadays a staple of Spanish revocation proceedings. The Supreme Court provides some guidance on trial and error and undue…
In an Iberian validity dispute pitching a Spanish generics manufacturer against Portugal’s national pharmaceutical champion Bial Portela, the busy and influential Barcelona Commercial Court No. 5 rules on the “problem-solution approach”. In line with other recent decisions, the Court confirms i) that it may depart from the claimant’s choice of closest prior art and ii)…
Case law on contributory infringement is still very scarce in Spain. A Judgment dated 13 November 2020 offers a rare glimpse into the current stance of the influential Barcelona Court of Appeals (Section 15) on contributory infringement. Two points are worth noting: on the one hand, the Court sides with a specific interpretation of “staple…
