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