Published: 11/7/16
Publication: Comparative Patent Remedies
“In a judgment dated September 20, 2016, the Tribunal de Commerce de Marseille rejected an unfair competition claim filed by Wiko, which markets mobile phones, products, and telecommunications services, against Sisvel, which the court describes as an intermediary between patent owners and implementers. (Judgment available here, in French. Hat tip to Professor Nicolas Petit for bringing it to my attention.) The claim was based on demand letters that Sisvel allegedy sent to to Wiko customers (the French retailers Carrefour, Casino, and LDLC), asserting that any products made by Wiko and other manufacturers that the recipients were offering for sale and that incorporated LTE technology were covered by the LTE patents included in an accompanying offer to license. The relevant provision of French law is article 1382 of the Code Civil, which from 1804 until October 1 of this year read “Tout fait quelconque de l’homme, qui cause à autrui un dommage, oblige celui par la faute duquel il est arrivé à le réparer,” meaning that anyone who intentionally causes harm to another is obligated to pay damages.” (The plaintiff also cited article 858 of the Civil Procedure Code and article 10 bis of the Paris Convention, as well as two cases–a Judgment of the Versailles Court of Appeals of May 20, 2013 (Philips v. CSI) and a Judgment of the Cour de Cassation of May 27, 2015 (Technicolor v. Vestel), of which the court does not explain the significance.)” – [READ MORE]