The Supreme Court recently rejected the extraordinary appeals filed by Pfizer against a Barcelona Court of Appeal judgment, confirming the dismissal of a patent infringement action against sildenafil generics competitors in Spain. This decision represents the end of a long battle regarding the interpretation of Articles 27 and 70 of the Agreement on Trade-Related Aspects of Intellectual Property Rights and their alleged impact on the prohibition on patent chemical and pharmaceutical products as such.
The Barcelona Court of Appeal recently confirmed the Barcelona Commercial Court Number 5 decision which had declared two Nestlé patents to be valid and infringed by Fast Eurocafé SA. Considering the importance of the Nescafé Dolce Gusto system for Nestlé and the increased interest among competitors in commercialising compatible capsules, this judgment is of paramount importance.
In January 2016 Nestlé filed a patent infringement action with a preliminary injunction motion against Fast Eurocafé, which had imported, offered and sold capsules for a beverage compatible with Nestlé's well-known Nescafé Dolce Gusto system. Last month, Barcelona Commercial Court Number 5 upheld Nestlé's patent infringement action against Fast Eurocafé, declaring that claims must be interpreted according to their descriptions.
The Barcelona Court of Appeal recently upheld the appeal filed by Sistemas Técnicos de Encofrados, SA against a Barcelona Commercial Court Number 4 order, in which PERI GmbH had successfully opposed the exception of lis pendens (ie, a pending legal action) on the principle of preclusion provided for in the Civil Procedural Act. The court ruled that a rigid and inflexible interpretation of the act, as intended by PERI, is contrary to the right to effective judicial protection provided for by the Constitution.
The Barcelona Court of Appeal recently confirmed a first-instance decision which had dismissed the patent infringement action filed by Novartis against several generics for alleged infringement of its European patent relating to a therapeutic transdermal system for the administration of rivastigmine. In its decision, the court reiterated the importance of interpreting a claim in light of the description of the patent, which in this case clearly supported the defendants' understanding of its scope.
In 2013 Teva Pharma, SLU and ratiopharm España, SA filed a revocation action challenging the validity of an EU patent due to lack of novelty and an inventive step. In 2015 the Barcelona Commercial Court Number 5 found in the plaintiffs' favour and revoked the relevant patent claims due to lack of an inventive step. The Barcelona Court of Appeal recently confirmed the first-instance decision in its entirety.
In January 2016 Nestlé filed a patent infringement action with a preliminary injunction motion against Fast Eurocafé, which had imported, offered and sold capsules for a beverage compatible with Nestlé's well-known Nescafé Dolce Gusto system. Barcelona Commercial Court Number 5 dismissed Nestlé's preliminary injunction motion, holding that the urgency requirement had been undermined. The Barcelona Court of Appeal recently revoked the commercial court's order and granted a preliminary injunction.
The new Patents Act, which recently came into force, aims to modernise the Spanish patent system and bring it further into line with EU and international legal frameworks. One of the most notable amendments regarding patent litigation is the introduction and regulation of protective letters in Spain for the first time. As of April 2017, protective letters will be accepted by all competent courts handling patent cases.
The Barcelona Court of Appeal has issued a judgment confirming the dismissal of a patent infringement action filed by Pfizer against sildenafil generic competitors in Spain. Pursuant to its October 2014 decision in the Escitalopram case, the appeal court has now confirmed its new case law regarding the Agreement on Trade-Related Aspects of IP Rights and pharmaceutical patents filed before October 8 1992.
The Barcelona Court of Appeal recently confirmed a previous decision of Barcelona Commercial Court No 4, which dismissed a product-by-process patent infringement action filed by Oatly AB against Liquats Vegetals, SA, manufacturer and retailer of oat milk, and certain of its clients. The court stated that, in regard to a product-by-process claim, it was unreasonable to resolve the infringement case in a different way from the validity case.
The Supreme Court recently revoked a previous decision of the Burgos Court of Appeal and declared the invalidity of Richter Gedeon's European patent which claimed a single dose of 1.5 milligrams of levonorgestrel and its use as an emergency contraceptive. This appears to be the first time that the Supreme Court has revoked a European patent by reversing a previous appeal decision.
The Barcelona Court of Appeal recently confirmed the dismissal of a patent infringement action filed by Lundbeck and Almirall against all of the companies commercialising escitalopram generics in Spain. The decision signals a radical change in Spanish case law regarding the World Trade Organisation Agreement on Trade-Related Aspects of IP Rights and pharmaceutical patents.
The Barcelona Commercial Court 4 recently dismissed a complaint filed by Oatly AB against oat milk manufacturer and seller Liquats Vegetals, SA, as well as certain customers of Liquats and sellers of oat milk. Oatly claimed infringement of, among others, the product-by-process claim of its patent related to oat milk and its manufacture.
The Spanish Community Trademark Court of Appeal has upheld a decision that there was a likelihood of confusion between a trademark used for goods, including sunglasses and the well-known Armani Eagle, and ordering most of the defendants to pay damages to Armani, as well as the court fees. On appeal, the Community Trademark Court of Appeal upheld all of Armani's arguments.
The Barcelona Court of Appeal has issued an order revoking a previous decision which had granted a preliminary injunction requested by Pfizer against sildenafil generics for alleged patent infringement. Sildenafil is the active pharmaceutical ingredient of Pfizer's Viagra drug.
The Supreme Court recently dismissed Vorwerk's violation of due process appeal and cassation appeal filed against a Barcelona Court of Appeal judgment which revoked the first instance judgment in a patent infringement case filed by Vorwerk against Taurus. Vorwerk brought the case based on Taurus's commercialisation of the MyCook product.
The Community trademark section of the Alicante Court of Appeal recently issued a court order confirming the grant of preliminary injunctions against several parties in relation to the import and sale of goods adorned with a trademark-protected logo that was similar to Armani's well-known 'eagle' logo. The court stated that the so-called 'thesis of immunity by registration' has been superseded by the most recent case law.
Commercial Court No 4 of Barcelona has upheld a non-infringement action filed by Vileda against Taiwanese company Dikai International Enterprise Co Ltd and Italian company Orlandi SpA, the owner and licensee respectively of Utility Model ES 1069292. As the commercial court upheld Vileda's first petition of non-infringement, it did not analyse the subsidiary petition of invalidity.
The Barcelona Court of Appeal has issued a judgment confirming a previous decision of Barcelona Commercial Court No 4, which dismissed a patent infringement action filed by Lundbeck against escitalopram generics. Lundbeck sued various companies for infringement of its supplementary protection certificate, arguing that their generic products contained escitalopram manufactured using its patented process.
Pamplona Commercial Court No 1 recently declared the invalidity of the supplementary protection certificate granted for combination product telmisartan + hydrochlorothiazide, upholding a revocation action filed by Cinfa and Actavis against Boehringer. The court relied on two European Court of Justice cases, in which the same situation was under dispute.
Pamplona Commercial Court No 1 recently declared the invalidity of the supplementary protection certificate granted for memantine, pursuant to a petition filed by Cinfa against Merz. The commercial court awaited the European Court of Justice's judgment on the matter before making a decision.
Barcelona Commercial Court No 7 has dismissed a preliminary injunction motion filed by Roche against Mylan, Kern, Teva and Cinfa, which hold marketing authorisations for generic medicaments for the treatment of osteoporosis. The court dismissed the motion after realising that the amended version of the patent lacked any legal effect and could not be asserted against third parties in Spain.
The European Court of Justice recently issued two judgments on supplementary protection certificates (SPC) granted for memantine and galantamine, respectively. The court ruled that products such as memantineand galantamine could not be the objects of SPCs since they fall outside the scope of Article 2 of the EU Regulation on SPCs.