A recurring topic of discussion in patent infringement proceedings in Spain is the degree of evidence required to prove the damage caused by acts of patent infringement. According to a line of case…
Over the last few years, highly detailed discussions on patent validity have been a staple of Spanish preliminary injunction proceedings. The influential Barcelona Court of Appeal now clarifies that…
One of the points sometimes debated in patent cases is the date when a claim for patent infringement becomes "time-barred" (i.e. the date on which it "prescribes"). The traditional position adopted…
Barcelona Commercial Court no. 5 handed down a judgment quashing the claimant's DNI action without ruling on the merits of (non-)infringement. The Court found that the claimant had standing to file…
Upon reading the title of this blog entry, readers may be wondering what the "ex re ipsa" doctrine involves. It therefore may be worth clarifying that it is a legal doctrine applied, for example, to…
On 13 April 2018, the Barcelona Court of Appeal (Section 15) wrote a decision highly illustrative of the challenges that an "added matter" objection may raise in Spain, particularly in the context of…
The influential Barcelona Court of Appeal corrected a finding of the Barcelona Patents Court, which – to great surprise – had lifted an injunction on finding that Swiss-type claims were affected by…
Historically, the Spanish Patents and Trademarks Office ("SPTO") has rejected the correction of the registered term of supplementary protection certificates ("SPCs"), even in cases where such term…
In injunction proceedings decided in just a few hours (likely a record in Spanish patent litigation) in the context of the 2018 Mobile World Congress, Barcelona Commercial Court no. 4 granted a…
In July 2017, the Patents Court of Barcelona handed down a decision finding that "Swiss-type" claims were affected by the Reservation made by Spain when it ratified the European Patent Convention ("…
