EPLAW PATENT BLOG

SE – Hilding v. Wonderland

Posted: April 8th, 2010

Hilding Aktiebolag v. Wonderland AS, District Court of Stockholm, 12 March 2010, Docket Nos. T 29062-06 / T 22004-06 (joint cases)

In joint infringement and invalidity proceedings, the District Court of Stockholm declared Wonderland’s European patent invalid for Sweden in a judgment in the invalidity case (T 29062-06). The patent was declared invalid due to lack of inventive step. In the Court’s assessment, among other issues, the common general knowledge in the art and obviousness were considered.

Furthermore, the Court declared in the infringement case (T 22004-06), in an intermediate judgment, that the disputed patent had been infringed by Hilding. The assessment of whether the disputed patent had been infringed was done in an objective manner only, based on the hypothetical assumption that the patent was valid. The remainder of the proceedings, including the trial of claims for injunction and damages, were stayed awaiting a final judgment with regard to the validity of the patent. As from 1 November 2008, leave for appeal is required to the appellate courts (for patents cases; the Svea Court of Appeal).

Read the judgment (in Swedish) here.

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