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Infrastructure
Adrian Crespo  (Clifford Chance)
Patent case: Judgment no. 155/2025 of Barcelona Court of Appeal (Section 15) dated 27 January 2025, Spain
July 22, 2025

In a sophisticated dispute concerning methods for predicting breast cancer recurrence, the Barcelona Court of Appeal (Section 15) rejects infringement. In doing so, it holds a narrow view on method…

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Adrian Crespo  (Clifford Chance)
Patent case: Judgment No. 252/2024 of Valencia Court of Appeal, dated 12 November 2024, Spain
May 29, 2025

Decisions in patent ownership disputes are rare in Spain. The last significant one was the 2022 judgment from the Spanish Supreme Court in the "Ecoforest" case. Now, the Valencia Court of Appeal – a…

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Miquel Montañá  (Clifford Chance)
MASC: a new requirement for entering the temple of Justice in Spain
March 03, 2025

A recent reform of the Spanish Civil Procedure Act will introduce what the Recitals of Organic Law 1/2015 (“the Law”) call “other adequate means of dispute resolution in the non-jurisdictional route…

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Adrian Crespo  (Clifford Chance)
Patent case: Judgment no. 157/2024 of Valencia Court of Appeal (Section 9) dated 4 June 2024, Spain
January 08, 2025

Today we are uncorking another bottle of the good stuff with yet another dispute in the winemaking space. A very thorough and well-written decision from the Valencia Court of Appeal in a non-…

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Adrian Crespo  (Clifford Chance)
Patent case: Judgment no. 403/2024 of Barcelona Court of Appeals, Spain
November 14, 2024

A case concerning an automated vinification system offers us a glimpse of that rare species of patent litigation: the declaratory non-infringement action. The case demonstrates the need to carefully…

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Miquel Montañá  (Clifford Chance)
Barcelona Appeal Court reverses first instance judgment that had found apixaban patent to be invalid
July 23, 2024

This morning, the Barcelona Appeal Court has announced a judgment of 18 July 2024, reversing the judgment of 15 January 2024 from Commercial Court number 4 of Barcelona, which had found patent EP 1,…

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Adrian Crespo  (Clifford Chance)
Patent case: Judgment no. 141/2023 dated 5 December 2023, Spain
February 29, 2024

In a Judgment dated 5 December 2023 in the landmark fingolimod case, Barcelona Commercial Court no. 10 rejected an action brought on grounds of unfair competition by the holder of a patent…

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Adrian Crespo  (Clifford Chance)
Patent case: Judgment no. 18/2023 of Madrid Court of Appeals (Section 32) of 23 June 2023, Spain
September 22, 2023

In a detailed and impeccably written decision, the Madrid Court of Appeal (Section 32) has ruled in the raloxifene case, awarding damages in the high seven figure region. This is a landmark decision…

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Miquel Montañá  (Clifford Chance)
First generic launched, held liable for the price reduction of the original product: who wants to be first?
August 02, 2023

On 23 June 2023, the Madrid Appeal Court (Section 32) published one of the most interesting judgments coming from Spanish courts during the last few years. The first point of interest is that this is…

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Adrian Crespo  (Clifford Chance)
Patent case: Megaplast, Spain
June 29, 2023

In a technically complex infringement case, Barcelona Commercial Court no. 1 establishes ad hoc procedural rules for quantification of damages at the enforcement stage. This sheds light on the…

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