ROS Roca S.A. v. Envac Centralsug Aktiebolag, Supreme Court, Barcelona, Spain, 17 October 2012, Case No. 431/2012, with thanks to Luis Fernández-Novoa and Álvaro Velázquez, Hoyng Monegier, for sending in the judgment and a summary in English
"The Spanish Supreme Court decided on a much debated point of Patent Law in Spain which had been subject to controversial decisions in the past and which the Supreme Court has now finally settled, which is the date on which European Patents shall be considered as effective in Spain.
"In the first instance decision by Commercial Court No. 3, which had granted the complaint for infringement of a waste management process patent filed by ENVAC against ROS ROCA and dismissed the counterclaim for invalidity filed by the latter, the Court had stated that the date from which damages (to be compensated according to the hypothetical royalties fee – which resulted in one of the biggest compensations ever granted by Patent Courts in Spain) should be starting to accrue is the date of the filing of the translation into Spanish of the European Patent before the Spanish Patent Office, in accordance with the provisions set by the Spanish Royal Decree implementing article 65 of the EPC (filing of a translation within 3 months after publication of the grant by the European Bulletin).