Spain, Grau & Angulo updates

Intellectual Property

Contributed by Grau & Angulo
Barcelona patent court upholds valsartan-amlodipine patent invalidity
  • Spain
  • June 18 2018

The Barcelona Commercial Court Number 4 recently dismissed a patent infringement action brought by Novartis against the first generics in Spain of its valsartan and amlodipine medicinal product for the treatment of hypertension. The court upheld the defendants' counterclaim for invalidity of the asserted patent. Novartis has appealed this decision before the Barcelona Court of Appeal.

Appeal court confirms revocation of ex parte preliminary injunctions against oxycodone/naloxone generics
  • Spain
  • June 11 2018

The Barcelona Court of Appeal recently issued two decisions confirming the Barcelona Commercial Court Numbers 1 and 4 rulings revoking the preliminary injunctions that they had granted ex parte at Mundipharma's request against the first generics in Spain of its oxycodone/naloxone medicinal product for the treatment of pain. In its decisions, the Barcelona Court of Appeal concluded that Mundipharma's patent was prima facie invalid due to added subject matter, as argued by the defendants.

Criminal sentence handed down for sale of counterfeit shoes
  • Spain
  • May 21 2018

The Barcelona Court of Appeal recently dismissed the writ of appeal filed by an online seller of counterfeit shoes against a trial court judgment, confirming the judgment in its entirety. Notably, the trial court had applied the damages criterion provided for in Article 43.2.b of the Trademark Act as opposed to that provided for in Article 43.2.a, which is more commonly applied in criminal cases and comprises the profits which a trademark owner would have made had a counterfeiting offence not occurred.

Results of Barcelona commercial courts' MWC 2018 protocol
  • Spain
  • May 14 2018

Foreseeing possible conflicts between the companies participating in the Mobile World Congress 2018, the Barcelona commercial courts adopted a specific protocol to protect technology patents, industrial designs, trademarks and copyright and defend against unfair competition and unlawful advertising acts in relation to products and materials displayed at the event. The judges recently issued a report regarding the protocol's application, results and implementation, as well as the proposals to be made in this regard.

Barcelona patent court revokes preliminary injunction granted ex parte in NuvaRing case
  • Spain
  • May 07 2018

Barcelona Commercial Court Number 5 recently revoked a preliminary injunction which had been granted ex parte at the request of Merck Sharp & Dohme BV (MSD) for alleged patent infringement. This case is notable, as the defendants' product – which is the first competitor of MSD's contraceptive vaginal ring, NuvaRing – is manufactured in Spain and sold in several European countries where other patent infringement proceedings are being prosecuted in parallel.


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