Spain has a well-deserved reputation of being a rather formalistic country when it comes to litigation. For example, according to the Civil Procedure Act, a Spanish translation of documents written…
As Bob Hudec explained in his legendary The GATT Legal System and World Trade Diplomacy, GATT's (since 1995, WTO) long-standing practice of seeking to adopt decisions by consensus finds its roots in…
One of the remedies typically provided by patent law to persons whose inventions have been unduly patented by third parties are actions aimed at claiming ownership of the patent. However, such…
On 9 June 2020 Barcelona Commercial Court no. 4 issued a decision rejecting the opposition filed by a company (the "Defendant") against a decision of 2 September 2019 from the same Court that had…
One of the most salient features of Spanish patent litigation, in comparison to other countries, such as the United Kingdom, is its extreme rigidity. Judges do not seem entitled to have a sip of…
As readers are well aware, when a patent is infringed, the classic remedy to try to restore the status quo is filing a "cessation" action and a "prohibition" action aimed at obtaining an injunction…
As explained in our blog of 25 March 2020, the declaration of the state of emergency by the Spanish Government on 14 March affected judicial activities in Spain very seriously. For example, Court…
The author would like to begin this blog by wishing that all the readers are well at this difficult time. The purpose of this piece is to briefly set out some questions and answers that may give…
In Odiorne v. Winkley (1814), Harvard professor Joseph Story, then sitting as a Judge at a Circuit Court of the District of Massacusetts, upon being called to decide whether a machine infringed a…
