Shark Helmets S.A.S. v. Tech Design Team S.L., Commercial Court no. 5 of Barcelona, 28 October 2021, Docket No. 729/2020

In this decision issued on 28 October 2021, Barcelona first instance Patent Courts examined the question of interpreting the extent of protection of the claims in view of the patent description and drawings.

The plaintiff, SHARK HELMETS S.A.S (SHARK HELMETS), filed a patent infringement action against TECH DESIGN TEAM, S.L. (TECH DESIGN), alleging infringement by TECH DESIGN’s motorbike helmets “Convert”, “Valiant I” and “Valiant II” of European patent EP1806986 “Protective helmet with movable chin guard, which is particularly suitable for motorcycling”, validated in Spain as ES2329494 (hereinafter, “ES494”), whose claim 1 protects:

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

Summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER