EPLAW PATENT BLOG

ES – Corning v. Electroson / Appeal

Posted: May 21st, 2019

Corning v. Electroson , Court of Appeals of Barcelona, 4 February 2019, Docket No. 223/2018 / Questions regarding consolidation and suspension of proceedings in the case of related actions

As clarified by the Court of Appeals of Barcelona in a decision dated 4 February 2019, when two proceedings brought separately by the same plaintiff against different defendants concern the same matter (infringement of the same patent by a product having the same technical features and same grounds of invalidity invoked by the defendants), it is appropriate to join both proceedings and not to suspend one pending the outcome of the other, at the risk of compromising the right of the parties to a trial without undue delay.

The full summary (in Spanish) can be read here.
The decision (in English) can be read here.

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

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