Kluwer Patent Blog

In a lengthy obiter dicta, the Barcelona Court of Appeal seems to depart from a longstanding assumption of Spanish law: that the mere continuance of the infringement (i.e. the presence of the infringing goods on the market) is per se enough to justify the urgent interest in the grant of a preliminary injunction. Rather, an…

In a Judgment dated 12 June 2013, the Spanish Supreme Court confirmed that it was possible to discriminate between different objective technical problems within the same set of claims. Accordingly, an independent claim may be found to be obvious, and yet one of its dependent claims could still be deemed valid, provided that it claimed…