Posted: February 15th, 2016
Gamesa v Aloys Wobben, 15th Section of the Provincial Court of Appeals of Barcelona, Spain, 7 January 2016, Docket No. 443/2014-2ª
On 14 January 2016, Section 15th of the Provincial Court of Appeals of Barcelona served its decision of 7 January in the GAMESA v. WOBBEN case.
This is a very interesting Judgement not only for involving probably the largest award of damages ever granted by any Spanish Court for patent infringement (€ 7.7 million +interest), but mostly for the decisive interpretation of the scope of protection of the patent and the underlying technical problem as the starting point to solve the exposed contradictions between the interpretation of the patent for infringement and validity.
Head note and summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER