Posted: November 8th, 2022
LÉKUÉ, S.L. v. PENINSULA 2000, S.A., Barcelona Court of Appeals, Section 15, 30 March 2022
The Barcelona Court of Appeals, by reversing a first-instance Judgment, found that LÉKUÉ’s patent protecting a food container for use in microwave cooking was being infringed by the defendant, PENINSULA 2000. The Court of Appeals criticized the first-instance Court for incorrectly assessing the patent’s scope of protection, with reference to the patent’s prosecution history and the patent’s description and drawings.
Furthermore, this decision clarified a controversial point that remained unclear since the entry into force of the new Spanish Patents Act in 2017, which is that in a case of continuous infringement, no limitation period applies for claiming past damages.
Summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER