Adrian Crespo

On 12 February 2019, the influential Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by a patent's drawings for the purpose of interpreting the scope…

In the past few years, the Barcelona Courts with jurisdiction over patent matters (Commercial Courts nos. 1, 4 and 5) have acted in close coordination with one another, e.g. holding joint…

In preliminary injunction proceedings, the Barcelona Court of Appeal (Section 15) ruled on the interpretation of the wording "protected by a basic patent" in Article 3.a) of the SPC Regulation, on…

The Supreme Court confirmed that an unregistered patent licensee did have legal standing to file an infringement action in Spain when it filed such action as co-claimant to the patent holder. Case…

The Barcelona patent courts have provided further guidance on preliminary injunctions within the context of trade fairs, where the standard of evidence is higher than usual. Indirect evidence, such…

In a Judgment dated 26 July 2018, the influential Barcelona Court of Appeal (Section 15) rejected an overly narrow, "literalistic" interpretation of a patent claim. A claim's terms must be…

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,…

Barcelona Commercial Court no. 5 handed down a judgment quashing the claimant's DNI action without ruling on the merits of (non-)infringement. The Court found that the claimant had standing to file…

The influential Barcelona Court of Appeal corrected a finding of the Barcelona Patents Court, which – to great surprise – had lifted an injunction on finding that Swiss-type claims were affected by…