Sentinel Diagnostics (Sentinel CH. SpA), assisted by the team of Litigation and Intellectual Property of Rödl & Partner Milan, together with the Spanish IP firm Balder, achieved a very important goal.
The company won the appeal against Linear Chemicals SL, with judgment No. 861/2019 of the Audiencia Provincial (Provincial Court) of Barcelona, provisionally enforceable, of May 10, 2019. This verdict came at the end of the appeal No. 1030/2018-3, resulting from ordinary judgment No. 881/2016 of Commercial Court No. 4 of Barcelona.
Sentinel Diagnostics had sued Linear Chemicals SL for infringement of its Spanish patents no. 2236643 [Extraction tube for the collection of faeces samples] and no. 2533729 [Improved tube for the collection, transport and extraction of faeces samples]. The writ of summons required those patents to be declared infringed and that Linear Chemicals SL be ordered to pay for the damages and to cease the production, sale, offer for use, marketing, importation or possession for those purposes, of the i-FOB product line (faeces collection tubes) and of products sealable under other brands, which are covered by those titles.
The Court of First Instance rejected Sentinel Diagnostics’ claims as well as Linear Chemicals SL’s counterclaim. Sentinel Diagnostics appealed the judgment. By judgment No 861/2019, the Barcelona Provincial Court accepted all Sentinel Diagnostics’ requests, rejected Linear Chemicals SL’s incidental appeal and declared the two patents infringed, upholding the sentences requested.
This judgment represents an important milestone for Sentinel Diagnostics (Sentinel CH. SpA) and Rödl & Partner Milan, as well as for the local Spanish IP firm Balder.