Miquel Montañá

Barcelona Commercial Courts have a well-deserved reputation for being dynamic and creative. Not surprisingly, it was Judge Ferrándiz, already retired from the Supreme Court, who back in 1993, when he…

In view of the upcoming Christmas season, in light of a judgment of 15 October 2019 from the Court of Appeal of Valencia published recently, a call for caution for Father Christmas is in order. The…

Our friends from the EPLAW Patent Blog recently published an interesting blog commenting on the judgment of 29 March 2019 from the Court of Appeal of Barcelona (Section 15) where, among other aspects…

Since the Ruling of 19 September 2012 from the Barcelona Court of Appeal (Section 15), this Court has taken the view that when a preliminary injunction is ordered "ex parte", if it is later lifted,…

As readers are well aware, one of the difficult tasks when applying article 69 of the European Patent Convention ("EPC") and its Protocol of Interpretation is to strike the right balance between …

One of the principles inherited from Roman law is that "venire contra factum propium non valet". In civil law countries such as Spain, this principle is normally labelled as the "doctrine that…

Over the last few months, SPC aficionados have been expecting the birth of what is known as the "SPC Manufacturing Exception" proposed by the European Commission. Readers will remember that in May…

One of the actors that has been seeking to pop-up in the European patent theatre in recent decades is plausibility. As readers will be aware, the debate around plausibility initially arose at the…

A recently published Decision of 9 November 2018 from Barcelona Commercial Court number 5 sheds some light on the indicia that may or may not be sufficient for the purposes of ordering a preliminary…