Supreme Court dismissed cassation against patent royalty award, ruling procedural errors did not affect substantive correctness.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by the defendant against the Second Instance Court's decision to award patent royalties. The plaintiffs sought compensation for economic effects resulting from the defendant's use of an invention, while the defendant argued that a prior Patent Office decision precluded further examination. The court held that the Second Instance Court's procedural errors regarding the binding nature of the Patent Office decision did not undermine the substantive correctness of the final judgment.
Regeste Legislator
Généré par l'IAArt. 386 § 6 k.p.c.; Art. 228 k.p.c.; Art. 278 § 1 k.p.c.; Art. 290 § 2 k.p.c.; Art. 393 § 1 k.p.c.: A procedural violation by the second instance court does not invalidate a judgment if the error did not influence the substantive correctness of the decision.