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05 August 2019
Grifols, SA filed a lawsuit before the Barcelona courts against Algoritmos Procesos y Diseños, SA (APD) for infringement of European Patent 2.025.601/Spanish Patent 2.372.228, which protected a blister pack handling machine (the UNIBOT machine).
Once the lawsuit was admitted, APD was summoned and filed a declinatory plea due to lack of territorial jurisdiction. APD argued that the courts with competence to handle this case were the Madrid commercial courts (and not the Barcelona courts) because:
Grifols opposed APD's declinatory plea and argued that the Barcelona courts had territorial jurisdiction to hear the procedure because:
On 17 April 2019 Barcelona Commercial Court Number 1 rejected APD's declinatory plea for lack of territorial competence, ruling as follows:
Finally, the court pointed out that this was a case of forum choosing (rather than forum shopping) which illustrates the importance of patent owners' right to choose, which has been expressly granted to them by the legislature.
This decision is final.
For further information on this topic please contact Julia Carretero at Grau & Angulo by telephone (+34 93 202 34 56) or email (firstname.lastname@example.org). The Grau & Angulo website can be accessed at www.ga-ip.com.
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