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34 articles available

In injunction proceedings decided in just a few hours (likely a record in Spanish patent litigation) in the context of the 2018 Mobile World Congress, Barcelona Commercial Court no. 4 granted a…

In a judgment in a low-key dispute concerning the infringement of a utility model, the Barcelona Court of Appeal (Spain's most influential patents court) held that the scope of protection of a two…

In preliminary injunction proceedings, the influential Barcelona Court of Appeal held that reasons of "congruence" bind the court to basing the assessment of inventive step strictly on the particular…

A Spanish patents court rules for the first time on the sometimes blurry line dividing "discoveries" and "inventions". The Court found that a method for prenatal diagnosis based on the discovery that…

In a long-awaited judgment, the Spanish Supreme Court has clarified the application of the TRIPS agreement to patent applications affected by the Spanish reservation to the EPC: Article 70.7 of TRIPS…

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…

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,…