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22 May 2018, 1:18 am by Miquel Montañá
Miquel Montañ;áThe Barcelona Court of Appeal (Section 15) recently handed down an interesting judgment (dated 6 February 2018) revoking a utility model and ordering the owner to pay the damages caused by having enforced it while knowing that it lacked novelty. [read post]
4 Feb 2019, 2:50 am by Miquel Montañá
Miquel Montañ;áDuring 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 mobile phones that allegedly used antennas protected by patents owned by the applicant. [read post]
25 Feb 2019, 9:40 am by Miquel Montañá
Miquel Montañ;áOne has to have a lot of courage to accept the task of coordinating a book on Supplementary Protection Certificates (“SPCs”). [read post]
21 Feb 2017, 1:11 am by Miquel Montañá
Miquel Montañ;áClifford ChanceThe new Spanish Patent Act, which will come into force on 1 April 2017, will introduce a modernised “utility model” that is expected to become the natural alternative for “non-examined” patents, which the new law has put at bay. [read post]
16 Sep 2019, 2:10 am by Oswin Ridderbusch
See here for a review by Judge Jürgen Schell (in German) and a review by Miquel Montañ;á (in English). [read post]
14 May 2019, 10:31 am by Miquel Montañá
Miquel Montañ;áOne of the actors that has been seeking to pop-up in the European patent theatre in recent decades is plausibility. [read post]
12 Nov 2018, 1:50 am by Miquel Montañá
Miquel Montañ;áOver the last decade, one of the topics typically discussed in patent proceedings in Spain has been to what extent the validity of the patent may be analysed in preliminary injunction proceedings. [read post]
18 Jun 2018, 9:42 am by Miquel Montañá
Miquel Montañ;áIn 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 (“EPC”), whereby European patents, insofar as they confer protection on chemical or pharmaceutical products “as such“, shall be ineffective in Spain. [read post]
26 Feb 2019, 12:10 pm by Miquel Montañá
Miquel Montañ;áOne has to have a lot of courage to accept the task of coordinating a book on Supplementary Protection Certificates (“SPCs”). [read post]
9 Apr 2018, 2:44 am by Miquel Montañá
Miquel Montañ;áIn one of the saga of cases that involved Societé des Produits Nestlé and companies that are trying to market capsules compatible with Nescafé’s Dolce Gusto system, the defendant alleged, among other arguments, that some of the patents asserted were null due to a lack of inventive step. [read post]
19 Sep 2016, 1:47 am by Miquel Montañá
Miquel Montañ;áClifford ChanceEarlier this year, the Commercial Courts of Barcelona published a decision which shows that patent owners cannot obtain “Diligencias para la comprobación de hechos” (“Proceedings for the Verification of Facts”; a procedure roughly equivalent to the French “Saisie-contrafaçon“) in Spain unless they carefully prove that the application fulfils certain conditions. [read post]
6 Aug 2018, 10:00 am by Miquel Montañá
Miquel Montañ;áOn 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 preliminary injunction proceedings. [read post]
28 Apr 2017, 9:56 am by Miquel Montañá
Miquel Montañ;áIn the past decade, a new character of the patent theatre has made inroads into the case law of some EU Member States, “imported” from the so-called “EPO case law”. [read post]
15 Oct 2018, 10:10 am by Miquel Montañá
Miquel Montañ;áA 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. [read post]
28 Nov 2016, 2:45 am by Miquel Montañá
Miquel Montañ;áClifford ChanceTomatito (“little tomato”) is the nickname of a very popular Spanish flamenco guitar player, who began his career with mythical singers of flamenco such as Camarón de la Isla (“prawn from the island”) and who has played around the world accompanying other singers with more mundane names such as Frank Sinatra or Elton John. [read post]
8 Jan 2018, 10:07 am by Miquel Montañá
Miquel Montañ;áReaders will recall that, in its judgment of 6 October 2015 (Case C-471/14, Seattle Genetics), the CJEU concluded that the relevant date for calculating the term of a supplementary protection certificate (“SPC”) is not the date on which a marketing authorisation (“MA”) is granted, but the date when the addressee is notified of the decision to grant the MA. [read post]
28 Nov 2017, 10:00 am by Miquel Montañá
Miquel Montañ;áAs readers know well, AgrEvo (T 939/92) is a landmark case in the history of European patent law. [read post]
9 Jan 2017, 2:09 am by Miquel Montañá
Miquel Montañ;áClifford ChanceThe Mobile World Congress (“MWC”) is one of the largest trade events taking place in Barcelona. [read post]
26 Jul 2017, 3:49 am by Miquel Montañá
Miquel Montañ;áIn paragraph 54 of its judgment of 12 July 2017, the UK Supreme Court wrote that “[…] notwithstanding what Lord Diplock said in Catnic [1982] RPC 183, 242, a problem of infringement is best approached by addressing two issues, each of which is to be considered through the eyes of the notional addressee of the patent in suit, ie the person skilled in the relevant art. [read post]
2 Jan 2022, 8:17 am by Giorgio Luceri
The author referred to two decisions following the Paris Supreme Court's decision in XIAOMI v PHILIPS confirming this trend and stating that the Paris High Court has jurisdiction to set a global FRAND rate because the European Telecommunications Standards Institute (ETSI) is based in Nice (7 December 2021, [RG 20/12558] and [RG 20/12558]).Miquel Montañ;á (Clifford Chance) reflects on the link between the European Patent Office (EPO) and the rule… [read post]