Thu, 02/22/2018 (All day)
On 16 February 2018, Barcelona Commercial Court No. 5 issued a preliminary injunction against WIKO that prevents it from continuing the alleged infringement of FRACTUS’ patent rights. In particular, WIKO has been ordered to cease the manufacturing and commercialization of 27 mobile phone models within the Spanish territory. The Court further ordered that those infringing models would be seized if they are offered during the 2018 Mobile World Congress (MWC), the biggest gathering worldwide of the mobile communication industry, which will take place in Barcelona starting 26 February 2018.
According to the ruling, FRACTUS established a prima face case regarding the infringement of its patent rights due to the implementation in certain WIKO phone models of FRACTUS’ antenna technology for wireless devices related to patent EP 1592083 entitled “Space-filling miniature antennas”. In addition, the Court considered that the circumstances, despite the previous (and unsuccessful, due to WIKO’s delaying tactics) negotiations between the parties for the signing of a license agreement, justified the urgency to prevent further infringing acts.
This decision was issued under the specific fast-track injunction protocol set up by the Barcelona Patent Courts for the 2018 MWC. It is not yet final and may be subject to appeal.
FRACTUS was represented by Luis Fernández-Novoa, Álvaro Velázquez and Mar Conde from our Madrid office.
to read Fractus' press release.
On 27 November 2018 the Court of Appeal of The Hague in the Netherlands reversed the first instance court’s decision, confirming the validity of AstraZeneca’s patents on their breast cancer drug Faslodex® and reinstating the earlier injunction against Sandoz in PI proceedings.
In the landmark Philips Nokia judgement of 1 December 2011 (joined cases C 446/09 and C 495/09) the CJEU responded to a referral by the Antwerp Court of First Instance that in the context of an infringement action it is up to the holder of the intellectual property right to demonstrate that the allegedly infringing goods are intended to be put on sale in the European Union.
The EUIPO has released its long awaited “Study on legislative measures related to online IPR infringements”, Carina Gommers and Stephanie Hermoye drafted the Belgian submission on civil measures.
Juan José Marín, Full Professor of Civil Law and founder of the Law Offices of Juan José Marín, brings his intellectual property expertise to HOYNG ROKH MONEGIER, where he will lead the copyright practice group.
Fabienne Brison is pleased to announce the publication of the 4th edition of "Huldeboek/Hommage à Jan Corbet: Het Belgische auteursrecht. Artikelsgewijze commentaar / Le droit d'auteur belge. Commentaire par article", published by Larcier.