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Miquel Montañá (Clifford Chance)
Will Father Christmas bring a definition of "staple product" for the purpose of contributory infringement?
December 21, 2020

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…

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Miquel Montañá (Clifford Chance)
Lost in translation
November 23, 2020

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…

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Miquel Montañá (Clifford Chance)
That utility model is mine!
September 07, 2020

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…

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Adrian Crespo (Clifford Chance)
Patent case: Ruling No. 76/2020 of Barcelona Commercial Court no. 4, Spain
August 26, 2020

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…

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Adrian Crespo (Clifford Chance)
Patent case: Judgment no. 1289/19 of Valencia Court of Appeals, dated 15 October 2019, Spain
January 23, 2020

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…

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Miquel Montañá (Clifford Chance)
Barcelona Courts approve Trade Secrets Protocol that may indirectly impact patent cases
January 16, 2020

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…

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Adrian Crespo (Clifford Chance)
Patent case: Judgment of Barcelona Court of Appeals No. 861/2019 dated 10 May 2019, Spain
December 30, 2019

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…

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Miquel Montañá (Clifford Chance)
Father Christmas: beware of risks of patent infringement
December 13, 2019

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…

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Adrian Crespo (Clifford Chance)
Patent case: Judgment of Zaragoza Court of Appeals No. 450/2019, Spain
December 09, 2019

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…

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Miquel Montañá (Clifford Chance)
6 things readers should know about Liconsa v. Boehringer Ingelheim
November 12, 2019

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…

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