Victory for Essity Operations France against ICT in Spain

9 April 2018
Mon, 04/09/2018 (All day)

HOYNG ROKH MONEGIER obtained a favorable first-instance decision on the merits on behalf of Essity Operations France (formerly known as  SCA Tissue France) against INDUSTRIE CARTARIE TRONCHETTI IBÉRICA S.L. (ICT).

On 26 March 2016, the Barcelona Commercial Court No. 1 issued a first-instance decision declaring that the offering and manufacturing by ICT of several models of toilet paper products infringes Essity’s patent rights. The Court fully upheld Essity’s complaint on patent infringement and entirely dismissed ICT’s invalidity counterclaim. 

Thus, ICT has been ordered to cease the manufacturing, importing, offering and commercialization of its toilet paper products FOXY SEDA, FOXY BOUQUET, LANTA 3 CAPAS, DIA PREMIUM, AUCHAN SUPREME and AUCHAN FLORAL in Spain. Furthermore, the Court ordered – as requested by Essity –  the seizure and destruction of any remaining infringing products, the destruction of all equipment and materials intended for the manufacturing of the infringing toilet paper products, compensation for Essity for damages caused, payment of the costs of the proceedings, and the publication of the judgment in two main Spanish newspapers. 

This decision may be subject to appeal. 

Luis Fernández-Novoa, Laura Cantero and Mar Conde represented Essity Operations France in this matter.

  • HOYNG ROKH MONEGIER and top-tier French patent litigation firm VÉRON & ASSOCIÉS are joining forces. On 3 April 2018, VÉRON & ASSOCIÉS's team will move to HOYNG ROKH MONEGIER AARPI's offices in Paris (located at 40 Rue La Boétie), while remaining structurally independent.
  • HOYNG ROKH MONEGIER’s team scooped up 4 awards during last night’s Managing IP Awards ceremony, which was held at the Savoy Hotel in London.
  • 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).
  • HOYNG ROKH MONEGIER's Madrid office won a resounding victory for six major movie and TV studios - Columbia (Sony Pictures), Disney, Paramount, Fox, Universal and Warner - under the coordination of the Motion Picture Association (MPA). José A. Sanmartín, Laura Cantero and Carmen Amor represented the studios in this matter.
  • 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.