A recent judgment of 13 November 2020 from the Barcelona Court of Appeal (Section 15) has brought to the fore again the thorny topic of "indirect" or "contributory" infringement. The difficulty of…
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…
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…
Another chapter in the pemetrexed saga: Barcelona Commercial Court No. 4 has ruled on infringement in the very first case worldwide concerning pemetrexed diarginine, a salt form of pemetrexed chosen…
A dispute over a mechanical patent in the children's toy business allows us to get a peek at the courts in Valencia, one of the latest additions to the roster of Spanish courts that have…
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 a thorough decision, Barcelona Commercial Court (Section 15) clarifies important findings on novelty, inventive step and claim construction. A technical feature disclosed in the prior art will not…
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…
Following the 2017 revamp of the Spanish patent system, only certain courts in Barcelona, Madrid and some other industrial hubs now have jurisdiction in patent matters. However, decisions from other…
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…