On 12 September 2014, the Barcelona Court of Appeal (Section 15) handed down a decision confirming a preliminary injunction preventing a Spanish company from marketing capsules claimed to be…
As the readers well know, the European Patent Convention ("EPC") system allows the validity of European patents to be challenged through two different routes: (i) oppositions filed before the…
One of the most salient aspects of the draft of the new Spanish Patent Act which Spain's Parliament will be discussing in the coming months is the dramatic modification of the legal regime governing…
Commercial Court number 5 of Barcelona recently handed down a judgment dated 28 March 2014 ordering a defendant to cease manufacturing and marketing coffee capsules that are compatible with Nespresso…
The messy case law from the Court of Justice of the European Union ("CJEU") on supplementary protection certificates ("SPC") that protect "combinations" of pharmaceutical products has left many…
On 22 October 2013 the Provincial Court of Barcelona (Section 15) handed down a controversial judgment revoking a patent due to lack of inventive activity relying on a technical report prepared by an…
The Court of Appeal of Burgos dismissed the appeal against the Judgment of the Provincial Court of Burgos, which upheld a patent for a pharmaceutical composition and its use, despite the fact that…
One of the "co-lateral" damages expected from the latest Pixar Films' type of productions coming from the European Commission (the European patent with unitary effect and the Unified Patent Court ("…
As the readers may know, what is referred to as a "protective writ" is an anticipatory defensive mechanism that a person that fears to be sued for patent infringement may use in countries such as…
Spanish Courts have recently decided two interesting cases that show that patent litigation is not the exclusive realm of big pharma or high tech. Patent litigation extends its tentacles to quotidian…
