Florence court of appeal 23 April 2010 - 10 September 2010, Maurizio Bindi vs. Schreurs & Co. Export B.V.
The court of appeal confirmed the first judgment which had found infringement of a plant variety patent belonging to the appellee. In particular, the court rejected the appellant's argument that there could be no infringement because his plants were covered by another patent belonging to himself, so that the variety was necessarily another one. The court argued on one the hand that there was no proof that the plants sold by appellant really belonged to his patented variety, and on the other hand that appellant's patent did not necessarily entitle him to sell the plants in dispute, particularly because such patent might be invalid (pages 28, 30). In another part of this judgment, the court of appeal reduced the damage compensation ordered in the first instance.
Read the decision (in Italian) here.
Headnote: Sandro Hassan