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Commercial Courts of Barcelona (Patents Section) CAPSA v BLUESPACE & EMBAMAT, Judgment of 16 January 2023, Main Proceedings 1346/2018 and 534/2019, Case no. ECLI:ES:JMB:2023:145

In this interesting decision, the Patents Section of the Barcelona Commercial Courts addressed two key procedural issues that are often encountered in patent infringement proceedings: the legal standing of parent holding companies and the application of the estoppel rule of Article 400 of the Spanish Code of Civil Procedure, that generally prevents the plaintiff from bringing new facts or grounds to the
proceedings that were known or could have be known at the time the claim was first filed.

The entire summary can be read here.
The judgment (in Spanish) can be read here.

Headnote and summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER