Posted: October 19th, 2021
TELEFONICA S.A. & ACENS TECHNOLOGIES, S.L. v. TWO-WAY MEDIA LTD, Court of Appeals of Barcelona, 28 April 2021, Appeal Docket No. 466/2021
The present case analyses whether it is possible to file before the Spanish Courts a patent invalidity claim based on prior art documents which were not submitted at previous invalidity proceedings filed by the same plaintiff against the same patent, in view of the estoppel rule of Article 400 of the Spanish Code of Civil Procedure.
Two subsequent patent invalidity actions were filed before the Barcelona first instance Courts.
Headnote: Luis Fernández-Novoa, HOYNG ROKH MONEGIER