Posted: February 27th, 2023
Commercial Court No. 4 of Barcelona, 17 October 2022, case no. 517/2017
In an extensive judgment issued in the framework of patent litigation related to Internet TV services, Commercial Court No. 4 of Barcelona has addressed some issues of particular interest due to their unusual nature within the customary legal handling of patent matters in Spain, such as the invalidity of a patent based on its lack of technical character, or the liability of third parties who do not directly commit acts of infringement.
Two-Way Media Ltd. (“Two-Way”) instituted legal proceedings against several companies belonging to the Telefónica company group, the leading Spanish telecommunications operator: Telefónica de España, S.A.U., Distribuidora de Televisión Digital, S.A.U., and Telefónica S.A. (collectively, “the Telefónica companies”). In its complaint, Two-Way brought legal actions for the infringement of two patents corresponding to the validations in Spain of European patents EP 2278775 and EP 2323333, as well as a claim for the compensation of damages suffered as a result of the patent infringement.
Headnote and summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER