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HOYNG ROKH MONEGIER obtains unprecedented ex parte injunctions against several Companies for patent infringement

3 March 2017
Fri, 03/03/2017 (All day)

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.

The HRM team who obtained this success comprised Luis Fernández-Novoa, Álvaro Velázquez, Mar Conde and José Cabrera.

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.

  • According to the current ranking of Legal 500 Germany, HOYNG ROKH MONEGIER continues to be ranked in ‘tier 1 of German patent litigation firms' in the field of Intellectual Property: Patent Litigation. Clients particularly highlight the 'excellent knowledge of the industry' and 'targeted, practice-oriented advice’, as well as the 'high level of business sense' and 'the right leverage of experienced partners and very good associates'.
  • HOYNG ROKH MONEGIER’s Spanish team secured another success for French clothing brand HARTFORD before the European Union Trademark (EUTM) Courts in Alicante in trademark infringement and invalidity proceedings filed against Spanish optics company DIVARO (Navarro Óptico).
  • HOYNG ROKH MONEGIER’s Spanish team successfully represented the fashion group G-STAR RAW in European Union trade mark (EUTM) infringement litigation against the Spanish fashion retail group MANGO, for unauthorized use made in the EU of its “RAW” trademark on clothing and accessories.
  • Click here to view an article "Spain's fast track for preliminary injunction procedures" written by Madrid partner Alvaro Velazquez, commenting the Fractus SA v. Shenzhen Doke Electronic Co, rendered by the Commercial Court nr 5 of Barcelona in February 2017.
  • The Paris office of HOYNG ROKH MONEGIER is reinforcing its life sciences practice with the arrival of partner Anne Servoir. Anne Servoir started her career in the competition law department of CMS-Bureau Francis Lefebvre, where she developed a practice focused on regulatory issues in various industries ranging from telecommunications to pharmaceuticals. She later joined INTUITY, a boutique life sciences firm.