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IT – Cappellotto v. Farid / Reasonable Royalties / Supreme Court

11 Sep 2021


With Decision No. 5666 of 2 March 2021, the Italian Supreme Court clarified how to apply the reasonable royalty and the gross operating margin (incremental) criteria to calculate damages in patent infringement proceedings under Art. 125 of the Italian Intellectual Property Code (“IPC”), which implements Art. 13 of the Enforcement Directive (Directive 2004/48/EC).

Summary of the case

Cappellotto S.p.A., an Italian manufacturer of truck chassis mounted equipment for sewer cleaning, is the owner of European patent no. 1050634, titled “Apparatus for unwinding/rewinding a suction hose for draining cesspools, septic tanks and sewers in general”.

In July 2005, Cappellotto started proceedings against Farid Industrie S.p.A. before the Court of Turin claiming that the “Canal Jet” truck manufactured by Farid Industrie infringed the Italian portion of Cappellotto’s patent.

The entire summary can be read here.
The Supreme Court decision can be read here.

Summary: Giulia Pasqualetto and Federica Franchetti, BonelliErede