Miquel Montañá

One of the difficulties that patent owners sometimes encounter when they are planning to apply for a preliminary injunction is the dearth of evidence. A decision handed down on 23 February 2017 by…

On 24 November 2016, the Court of Appeal of Barcelona (Section 15) handed down a judgment in which it confirmed that "the interpretation of the scope of protection of a patent for the purposes of…

Most readers will be aware of the so-called "all elements" test, whereby patent infringement is normally discarded unless the allegedly infringing device or process reproduces each and every element…

In the past decade, a new character of the patent theatre has made inroads into the case law of some EU Member States, "imported" from the so-called "EPO case law". Its name is "plausibility". The…

Last Saturday (1 April 2017) the Spanish Official Gazette ("Boletín Oficial del Estado") published Royal Decree 316/2017, dated 31 March, containing the Implementing Regulations of the Patents Act 24…

One of the objectives of the new Patents Act that is to come into force on 1 April 2017 is to prompt a higher level of specialization of Judges dealing with patent cases. In particular, article 118…

The new Spanish Patent Act, which will come into force on 1 April 2017, will introduce a modernised "utility model" that is expected to become the natural alternative for "non-examined" patents,…

On 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as "the Enforcement Directive") does not…

The Mobile World Congress ("MWC") is one of the largest trade events taking place in Barcelona. Due to its importance, all relevant institutions, including regional and local governments, do their…