MEGAPLAST S.A has won the legal actions against the company ECOVENTI SISTEMAS S.L over the granted patent EP 1 989 044 entitled “packaging film”, (the “Megaplast Patent”).
In October 2016, the Patent Court of Barcelona, Spain, issued a decision in favor of MEGAPLAST S.A. on patent infringement against the company ECOVENTI SISTEMAS S.L
The validity and enforceability of the Megaplast Patent has been confirmed both by the Patent Court of Barcelona and by the European Patent Office (EPO), in Munich, Germany, which in January 2017 issued a decision in favor of MEGAPLAST S.A. and dismissed the Appeal Proceedings promoted by Ecoventi Sistemas S.L and Silvalac S.A.
The decision issued by the EPO’s Board of Appeal is definite and is not subject to further appeals.
ECOVENTI SISTEMAS S.L. has been sentenced to refrain from any act of manufacturing, importing, exporting, marketing and offering the counterfeiting products, and to remove them from the market.
The decision of the Patent Court of Barcelona condemns ECOVENTI SISTEMAS S.L. to pay the infringement damages and to undertake the legal costs.
In May 2018, the Court of Appeal of Barcelona fully dismissed the appeal filed by ECOVENTI SISTEMAS S.L. The Court of Appeal stated that the ECOVENTI SISTEMAS S.L. had to compensate MEGAPLAST S.A for the damages sustained from 2008 onwards.
ECOVENTI SISTEMAS S.L. has already paid damages for the period 2008-2013. ECOVENTI SISTEMAS S.L. still has to pay the default interest accrued for its delay in paying the aforementioned amount, and has also to pay damages for the period 2014-2018.
Megaplast enjoys the exclusive rights for packaging films as claimed in EP 1 989 044, whereas third parties are prohibited from producing, selling or offering for sale products making use of the subject matter of EP 1 989 044 without Megaplast’s consent.