Toulouse Court of Appeal - FESQUET - FAF - FAFBOX v/ PLASTIP

Decision date

2004-12-07

Decision No.

04/363

Nature

Patent

Country

France

Jurisdiction

Toulouse Court of Appeal

Parties

FESQUET - FAF - FAFBOX v/ PLASTIP

The companies Faf and Fatbox and Mr. Fesquet were represented by Arnaud Casalonga, Attorney at Law.

Mr. Fesquet owned a European patent designating France covering a packing case with stacking and encasement devices. He launched an infringement action against the company Plastip before the Toulouse Court of First Instance.

During the proceedings, Mr. Bucher and the company Plastip, owners of a French patent for a packing case with folding panels, brought an infringement action against Mr. Fesquet and the companies Faf and Fafbox before the same Court of First Instance, thus both proceedings were combined.

Therefore, there were two infringement actions based on two different patents and between the same parties which were pending before the Court of First Instance.

The Court of First Instance considered that both patents were valid and held both parties liable for infringement.

The Toulouse Court of Appeal invalidated Plastip’s French patent claims 1, 2 and 3 for lack of inventive step and ruled that Mr. Fesquet and the companies Faf and Fafbox did not infringe any IP rights

Furthermore, the Court of Appeal not only confirmed the validity of the European patent, but also the sentences pronounced against Mr. Bucher and the company Plastip.