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LÉKUÉ, S.L. v. PENINSULA 2000, S.A., Barcelona Court of Appeals, Section 15, 30 March 2022

The Barcelona Court of Appeals, by reversing a first-instance Judgment, found that LÉKUÉ’s patent protecting a food container for use in microwave cooking was being infringed by the defendant, PENINSULA 2000. The Court of Appeals criticized the first-instance Court for incorrectly assessing the patent’s scope of protection, with reference to the patent’s prosecution history and the patent’s description and drawings.

Furthermore, this decision clarified a controversial point that remained unclear since the entry into force of the new Spanish Patents Act in 2017, which is that in a case of continuous infringement, no limitation period applies for claiming past damages.

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

Summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER