The Swedish Supreme Court Clarifies the Law on Time Bar for Damages Claims, by Erik Ficks, Roschier
The Swedish Supreme Court recently had the opportunity to provide guidance on the issue of time bar for damages claims in patent infringement cases (NJA 2011 s. 270). The case concerns a long-standing patent dispute between Lely Industries N.V. and Lely Sverige Aktiebolag, on the one side, and DeLaval International AB, on the other side. In this particular case, the Svea Court of Appeal had ruled that Lely had infringed DeLaval's patent for software included in milking robots. The Court of Appeal ordered Lely to pay DeLaval damages of in total 1.7 million SEK (roughly 170,000 EUR) based on compensation for loss of sales of four robots and for the use of three robots.
Read the entire contribution (in English) here.
Read the Supreme Court decision (in Swedish) here.
Read the District Court decision (in Swedish) here.