In a long and very comprehensive judgment, the Barcelona Patent Court has ruled on many aspects of patent law in a complex dispute over telecoms patents. The judgment will provide helpful guidance for future patent litigation in Spain.
On 17 October 2022, the patent-specialised Commercial Court of Barcelona No.4 (first instance) ruled on a complex infringement case brought against several entities of the famous telecoms’ giant, “Telefónica”. Two-Way Media Ltd, the claimant, alleged that two of its patents had been infringed by the platform and devices for the broadcast of pay television “MOVISTAR+”, “MOVISTAR+ EN TUS DISPOSITIVOS”, and others.
The two patents, EP 2.278.775 (EP 775) and EP 2.323.333, (EP 333), protect a multicasting method and apparatus, specifically, a computer-implemented method and apparatus for playing media stream.
In turn, the defendants brought a nullity action against the two patents This was based on several grounds for invalidity, namely: