LISBON LOCAL DIVISION Law and Practice Contributed by: Joana Piriquito Santos, Beatriz Lima and Sara Nazaré, NLP
• one application for a costs decision; and • one application for freezing of assets. 2.2 Substantive Hearings Two final hearings have taken place before the Lisbon Local Division, both in the context of applications for preliminary injunctions (and The first case (application for preliminary injunc - tion and other provisional measures) filed before the Lisbon Local Division concerned a European patent under the following International Patent Classification (IPC) classes: • H01F 17/00 ‒ fixed inductances of the signal type; • H01F27/00 – details of transformers or inductances, in general; and other provisional measures). 2.3 Case Classification • H01L 27/00 ‒ devices consisting of a plurality of semiconductor or other solid-state compo - nents formed in or on a common substrate. Related to the same patent, an application for a costs decision and a claim for damages were filed. The second case (application for preliminary injunction and other provisional measures) to be filed before the Lisbon Local Division con - cerned a European patent in IPC A61K 31/00 – medicinal preparations containing organic active ingredients. 2.4 Time Lines In the first case filed before the Lisbon Local Division, the application for preliminary injunc - tion (and other provisional measures) was filed in June 2024. The hearing took place in September 2024. A decision was issued in October 2024.
In the second case filed before the Lisbon Local Division, the application for preliminary injunc - tion (and other provisional measures) was filed in January 2025. The hearing took place in April 2025 and a decision was issued one month later. In the two above-mentioned cases, the final hearings that took place before the Lisbon Local Division took no more than one day each, with - out the hearing of experts or witnesses in per - son. 2.5 Interaction Between Central and Local/Regional Divisions No information is available for this jurisdiction. Only two of the five cases initiated before the Lisbon Local Division involved discussions on matters of substantive patent law ‒ namely, the two preliminary injunction proceedings. Of these, only one has become res judicata: the preliminary injunction proceedings brought by Ericsson against ASUSTeK, DigitalRiver, and Arvato. A related damages claim concerning the same patent remains pending. The court dismissed Ericsson’s preliminary injunction application on the grounds of lack of urgency. Nevertheless, the Lisbon Local Division addressed certain substantive issues, including patent infringement and validity. 3. Substantive Law 3.1 Topics Covered Regarding infringement, one of the key topics discussed was the interpretation of an “offer” made via subdomains of a website. Non- infringement was also argued based on the lack of sufficient evidence and specific allegations regarding the relevant products. As for validity,
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