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BOSSAR, S.L. WINS PATENT INFRINGEMENT SUIT AGAINST MESPACK S.L. AT FIRST INSTANCE
JUDGEMENT OF THE COMMERCIAL COURT Nº 4 OF BARCELONA
•The ruling ratifies the validity of patent ES 2 193 888 owned by Bossar which confers exclusive rights to manufacture a type of horizontal form fill seal machine for the purpose of forming and filling flexible packages with stand up bottom and mechanism to insert valves (spouts or fitments).
•The ruling prohibits Mespack S.L from the manufacture and sale of its machine model H 260 FED with “Corner Valve” application.
The Judgement of the Commercial Court number 4 of Barcelona was rendered on May 23, 2008, in favor of Bossar in its lawsuit against Mespack S.L., stating that the latter has infringed the rights conferred by the patent ES 2 193 888, owned by Bossar, and condemned Mespack to the cessation of the manufacture and marketing of the machine model H 260 FED with mechanism to insert valves “Corner Valve”, to the seizure and destruction of any of these machines that are currently being built in their possession, as well as any pertaining product catalogues and other promotional materials, and to compensate Bossar for the damages that the infraction produced, as well as the payment of the legal costs.
According to the ruling, the damages that Mespack should pay to Bossar are quantified as 19% of the machine sale value (a 9% royalty, plus another 10% as a license fee) of all the H 260 FED machines that the defendant has sold.
The ruling also confirms the validity of the Bossar patent, granted September 20, 2004, after rejecting the petition filed by Mespack that sought for the nullity of the patent for lack of novelty and inventive activity.
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