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.