02Nov2011
Lely v. DeLaval, Supreme Court (Högsta Domstolen), 24 May 2011
- By Giovanni Gozzo,
for Kluwer IP Cases
The Swedish Supreme Court held that in cases where the infringing act is the sale of infringing goods, the damage (in this case the right to reasonable compensation for use of the invention and compensation for loss of profit) occurs as of the date a sales agreement is entered into, and the 5-year statute of limitation period as laid down in Section 58(3) of the Swedish Patents Act commences on that date.
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