HOYNG ROKH MONEGIER obtains unprecedented ex parte injunctions against several Companies for patent infringement at the Mobile World Congress 2017 in Barcelona for leading antenna technology company FRACTUS
We are pleased to announce that our Spanish Patent Litigation team secured this week ex parte injunctions in three different proceedings from the specialized Patent Courts of Barcelona under the specific Protocol set up by the Judiciary in agreement with GSMA, the event’s organization and Barcelona’s Trade Fair FIRA for rapid action at the Mobile World Congress 2017. One of those injunctions included a prior request for urgent verification of facts (Saisie-type of proceedings).
These actions were filed the week before on behalf of the Spanish Company FRACTUS upon knowing that several suspected infringers (different Companies from France and People’s Republic of China, OEM and ODMs) were going to participate as exhibitors at MWC in Barcelona.
The Barcelona Patent Courts granted and enforced the injunctions on Monday 27 February, the very first day of the Trade Show, before opening to the public, served the injunctions on the prima facie infringers and seized infringing products. They also performed a raid to seize new products shown for the first time at the show, to be urgently examined by a Court designated expert. After receiving the expert report confirming the infringement, the Court came back on Tuesday 28 February to serve and enforce the injunction it had conditioned to such prior verification of facts.
These are ongoing proceedings and the decisions of the Barcelona Patent Courts are preliminary and subject to review.
FRACTUS is an early pioneer in the development of internal antennas for smartphones, tablets and Internet of Things devices. FRACTUS has successfully licensed its patent portfolio to numerous wireless device and equipment manufacturers in the USA, Europe and Asia. FRACTUS has teamed with UK based VECTIS IP Ltd. to license its antenna patent portfolio.