In a complex and interesting validity and infringement case, the Barcelona Court of Appeals (Section 15), Spain's most experienced patent court, tackles a plethora of issues: linguistic…
On 12 February 2019, the influential Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by a patent's drawings for the purpose of interpreting the scope…
In the past few years, the Barcelona Courts with jurisdiction over patent matters (Commercial Courts nos. 1, 4 and 5) have acted in close coordination with one another, e.g. holding joint…
A recently published Decision of 9 November 2018 from Barcelona Commercial Court number 5 sheds some light on the indicia that may or may not be sufficient for the purposes of ordering a preliminary…
In preliminary injunction proceedings, the Barcelona Court of Appeal (Section 15) ruled on the interpretation of the wording "protected by a basic patent" in Article 3.a) of the SPC Regulation, on…
During the 2018 Mobile World Congress ("MWC"), Barcelona Commercial Court number 1 ordered a preliminary injunction preventing a company that was taking part in the Congress from continuing to market…
The Supreme Court confirmed that an unregistered patent licensee did have legal standing to file an infringement action in Spain when it filed such action as co-claimant to the patent holder.
Case…
The Barcelona patent courts have provided further guidance on preliminary injunctions within the context of trade fairs, where the standard of evidence is higher than usual. Indirect evidence, such…
In a Judgment dated 26 July 2018, the influential Barcelona Court of Appeal (Section 15) rejected an overly narrow, "literalistic" interpretation of a patent claim. A claim's terms must be…
Back in 1993, the President of Section 15 of the Barcelona Court of Appeal, Justice José Ramón Ferrándiz (now retired from the Supreme Court), fostered the specialisation of the different Sections of…
