Posted: January 11th, 2019
GRUPO ALVIC FR MOBILIARIO, S.L. v. GRUPO CORNAVIN 234 2009, S.L. Court of Appeals, Section 28, Madrid, Spain, 13 July 2018, Case Docket no. 49/2017
Section 28 of the Court of Appeals of Madrid reviews the requirement of sufficient disclosure.
GRUPO ALVIC FR MOBILIARIO, S.L. (hereinafter “ALVIC”) filed a patent infringement complaint in October 2013 against GRUPO CORNAVIN 234 2009, S.L. (hereinafter “CORNAVIN”) based on its Spanish patent ES 2.378.679 B2 (ES 679).
Patent ES 679 protected a process for the manufacturing of elements with a shiny finish for the production of furniture and other objects, as well as the product thus obtained. The patent comprised an independent claim and four dependent claims. ALVIC considered that CORNAVIN infringed product claim number 5. In turn, CORNAVIN replied to the complaint and filed a counterclaim seeking the nullity of the patent at stake on the grounds of lack of novelty, lack of inventive step and insufficient disclosure.
The entire summary can be read here.
A copy of the decision (in Spanish) can be read here.
Headnote and summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER