Lely v. DeLaval, Supreme Court (Högsta Domstolen), 24 May 2011
November 2, 2011
The Swedish Supreme Court held that in cases where the infringing act is the sale of infringing goods, the damage (in this case the right to reasonable compensation for use of the invention and compensation for loss of profit) occurs as of the date a sales agreement is entered into, and the 5-year statute of limitation period as laid down in Section 58(3) of the Swedish Patents Act commences on that date.
Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.
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