On 9 February 2023 the Supreme Court upheld a Judgment issued by the Barcelona Provincial Court (Section 15th, specializing in intellectual property matters) which confirmed the nullity of a patent as limited in the court proceedings and ruled that another limitation...

In its recent judgment of 4 November 2022, the Court of Appeal of Barcelona ruled on a case of patent infringement involving motorcycling helmets between the French company Shark and the Spanish company LS2. In its judgment, the appeal Court overturned an infringement...

Last Friday 17 February 2023 was a sad day for the EU. Germany decided to ratify a treaty that shatters the hope of one day having an EU patent law. The decision to accept a court promoted by certain lobbies was ratified. A special court that deprives the Court of...

In this brief note we refer to the Order of the Barcelona Provincial Court (15th Section) 59/2022 of 22 April, which confirmed the Order of the Barcelona Commercial Court No. 1 of first instance rejecting precautionary measures in relation to the product sorafenib....

On 2 July 2022, the SPC manufacturing waiver, approved by EU Regulation 2019/933, came into effect. This regulation is one of the most important initiatives developed in Europe for the pharmaceutical industry that manufactures its products in the European Union. To...

The Judgment of the Barcelona Court of Appeals (15th Section) of 30 March 2022 (ECLI:ES:APB:2022:3220) upholds the appeal against the Judgment handed down by Commercial Court No. 4 of Barcelona in a case for infringement of patent EP 2 193 731 B1 ("EP'731") of the...

In this commentary we will refer to the Judgment of the Barcelona Provincial Court (15th Section) 1610/2021 of 27 July (ECLI:ES:APB:2021:8276). We do not intend to provide a critical commentary on the Judgment, but simply to refer to some aspects that we have considered to be of interest in patent matters and, in particular, to the legal analysis of the plausibility of a technical effect on which the inventive step of patent EP 1 203 761 (EP’761) was based. This was the CCP’s basic patent on the product cinacalcet.

In the Order of 19 July 2021 (ECLI:ES:JMB:2021:2692A) Commercial Court No. 1 of Barcelona dismissed a preliminary injunction request by BAYER against four companies that launched generic medicines containing the active ingredient sorafenib in the form of its tosylate salt on the Spanish market.

An in depth study on the ongoing Standard Essential Patents (SEP) reform in the frame of the European Commission’s innovation promotion policy supported by a Pilot Study.

The Commercial Court No. 5 of Barcelona has declared the Supplementary Protection Certificate ("SPC") of Merck Sharp & Dohme Corporation ("MSD") null and void in a judgment dated 21 April 2021. Background As we reported in our previous article, MSD, along with its...

On 25 March 2021 I took part in the Matinal IP & Competencia conference that is held once a month by the Competition and Industrial Property Law Section of the Barcelona Bar Association; this one was called “Legal problems related to the Agreement on a Unified...

In some recent and interesting proceedings, a Central Contentious Administrative Court in Madrid refused to provide further information contained in the administrative files of two pharmaceutical companies (codefendants) and hence the confidential...

BY SONIA SARROCA, NÚRIA COLL AND ORIOL RAMONThe Judgment of the Barcelona Court of Appeal (Section 15) No. 477/2020 of 15 January (ECLI:ES:APB:2020:477) confirmed the validity, already declared in the first instance, of a patent on a pharmaceutical...

On Friday 20 March, the German Bundesverfassungsgericht, the Federal Constitutional Court, published its Decision of 13 February 2020. This decision states that the Act of Approval to the Agreement on a Unified Patent Court, which conferred sovereign...

The Commercial Court No. 5 of Barcelona has recently needed to uphold that the civil/commercial courts are competent to decide on actions for invalidity of Supplementary Protection Certificates (hereinafter, SPCs). Background Merck Sharp & Dohme...

According to the Spanish Civil Procedural Act (CPA), there are two requirements that need to be met in order to obtain preliminary injunctions in the Spanish Courts: danger in delay (periculum in mora) and the presumption of good right (fumus boni iuris)....

One more year, Barcelona is about to become the world capital of technology thanks to the new edition of the Mobile World Congress (MWC) that will take place from February 24 to 27, 2020. Faced with the possibility of conflicts that might arise between the...

We are proud to announce that we have participated in the third edition of the treatise Global Patent Litigation: How and Where to Win. We have had the privilege of writing the chapter of this monumental treatise concerning the Spanish...

On 18 December 2018, the Provincial High Court of Barcelona dismissed the appeal filed by Bayer against the judgement of the Court of First Instance, which had in turn dismissed the petition of infringement of two of its patents by several...

Spain / May 2019 By virtue of a Judgement dated 29 March 2019, the Court of Appeal of Barcelona upheld the Judgement of 20 February 2017 ruled by the Commercial Court No. 1 of Barcelona that revoked the Spanish part of European patent EP 1 379 220...

On February 20, the European Council published the text that will be voted by the JURI Committee of the European Parliament on February 26.The main aspects of the negotiation focused on three points:The application date of the Regulation, that the...

One more year, Barcelona is about to become the world capital of technology thanks to the new edition of the Mobile World Congress that will take place from February 25 to 28, 2019.In advance of the conflicts that may exist between the companies...