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.