Posted: May 10th, 2019
ES – Graf v. Kaban & Daser, Barcelona Commercial Court, 9 November 2018, Docket No. 1275/2018 – Patent infringement at trade fairs
In a decision dated 9 November 2018, Barcelona Commercial Court No. 5 clarified the prima facie case and periculum in mora requirements needed for the granting of precautionary measures in the context of trade fairs.
The plaintiff, GRAF SYNERGY S.R.L. (hereinafter, “GRAF”), is the holder of European patent EP 2.822.751 (hereinafter, “EP 751”) validated in Spain as ES 2.616.786, which protects a device for welding profiled elements in plastic material, in particular PVC, used mainly in window frames and doors.
Fearing that the companies KABAN MAKINA LTD. STI (hereinafter, “KABAN”) and DASER GLOBAL S.L.U. (hereinafter, “DASER“) were going to exhibit an allegedly infringing welding machine at VETECO (International Trade Show Window, Facade and Sun Protection Systems), a trade fair scheduled to take place in Madrid in November 2018, GRAF filed before the Barcelona Patent Courts an ex parte request for precautionary measures, asking the Court to order the defendants not to exhibit that allegedly infringing machine at the fair.
Summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER