In the context of the Fast Action Protocol adopted for the 2018 Mobile World Congress (a special protocol set up in 2015 by the Judiciary for that event, which introduces a “fast-track” procedure to handle applications for preliminary injunction), HOYNG ROKH MONEGIER has obtained ex parte preliminary injunctions against three Chinese companies for patent infringement on behalf of leading antenna technology company FRACTUS. The injunction applications included a prior request for urgent verification of facts (saisie-type of proceedings).
The products subject to these preliminary injunctions were mobile devices supplied by the three defendant companies: SHENZHEN DOKE ELECTRONIC CO., LTD., SHENZHEN BOWAY ELECTRONICS CO., LTD and SHANGHAI NIUYU NETWORK TECHNOLOGY CO. LTD, which sell mobile phones under the brands BLACKVIEW, BOWAY and VERNEE, respectively.
The Barcelona Patent Courts granted and enforced the injunctions on Monday, 26 February, the first day of the Mobile World Congress, served the injunctions on the prima facie infringers, and went on to seize the infringing products. They also ordered a raid in order to seize new products exhibited for the first time at the show, to be urgently examined by a Court-appointed expert. After receiving the expert report confirming the infringement, the Court came back on Tuesday, 27 February, to serve and enforce the injunction granted upon condition of the expert’s prior verification of facts.
A press release has been issued by the General Council of the Judiciary: http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Tribunales-Superiores-de-Justicia/TSJ-Cataluna/Noticias-Judiciales-TSJ-Cataluna/Actuacion-de-los-juzgados-mercantiles-durante-la-primera-jornada-del-Mobile-World-Congress-2018
It must be noted that on 27 February FRACTUS asked for the preliminary injunction against one defendant to be lifted and the related proceedings terminated after such company took a license under the FRACTUS patents from UK-based Vectis IP Ltd, the licensing partner of FRACTUS.
As reported, these proceedings are the only ex parte precautionary measures granted and enforced at the 2018 Mobile World Congress, with HOYNG ROKH MONEGIER being the only law firm to obtain this type of relief for two years in a row.
These proceedings are ongoing, and the decisions of the Barcelona Patent Courts are preliminary and subject to review.
For more information about the Fast Action Protocol, click here.