Paris 1st Instance Court - ABRISUD v/ ABRIDEAL

Date de la décision

21-10-2003

N° de la décision

RG 01/19472

Type de jurisprudence

Brevets

Pays

France

Juridiction

Paris First Instance Court

Parties

ABRISUD v/ ABRIDEAL

Abrisud was represented by Arnaud Casalonga, Attorney at Law.

Abrideal sued Abrisud on the basis of a French patent application covering a pool enclosure panel handling system.

During the infringement seizure, Abrideal gave notice to Abrisud of the patent application which has been modified by the filing of five complementary claims with the INPI.

The Court of First Instance considered that, pursuant to article L. 615-4 of the French Intellectual Property Code, these claims were not enforceable against Abrisud since it had not been notified prior to the infringement seizure and modified the subject matter of the patent.

Further, claims 1, 2, 6 and 10 of the patent were invalidated for lack of novelty based on the disclosure in a professional magazine as well as a bailiff report made on a individual’s private property comprising a pool.

Furthermore, claim 11was invalidated for lack of inventive step and Abrideal’s infringement action against Abrisud was rejected.


TGI Paris - ABRISUD c/ ABRIDEAL

21 octobre 2003
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