UPC grants ‘in absentia’ permanent injunction on agricultural tool

​
July 21, 2025

Maschio Gaspardo S.p.A. v Spiridonakis Bros GP (UPC_CFI_513/2024 relating to EP1998604)

Order of 25 June 2025 (ORD_17812/2025 [1])

This Decision from the Central Division of the Unified Patent Court in Milan relates to EP1998604 (EP ‘604). The Applicant, Maschio Gaspardo S.p.A. ("MG"), requested a permanent injunction by Article 63(1) UPCA against Spiridonakis Bros GP ("Spiridonakis"), to prevent the sale and distribution of Spiridonakis' ‘Bellota tool'.

Spiridonakis did not file an infringement defence, and the Court granted the requested permanent injunction, ordering Spiridonakis to refrain from any further acts of infringement, to provide MG with any information regarding the origin and the distribution channels of the infringing products, and to bear the legal costs of the proceedings and other expenses incurred by MG.

Decision ‘in absentia'

MG filed an action for patent infringement against Spiridonakis on 5 September 2024 with the Central Divisionin Milan. The alleged infringement relates to the sale and distribution of an agricultural tool by the Defendant under the name of ‘Bellota tool'. The ‘Bellota tool' allegedly infringed EP1998604, validated in France, Turkey, Italy, Germany, Romania, Czech Republic and Bulgaria.

MG requested a decision by default under R. 355(1) RoP, based on Spiridonakis failing to file written submissions within the relevant time limit and failing to appear at the oral hearing. MG requested grant of a permanent injunction by Article 63(1) UPC in the contracting member states where EP ‘604 is valid.

The Court stated that a default decision against a Defendant is subject to:

  • verification of proper service;
  • the absence of preliminary grounds for inadmissibility of the claim; and
  • the assessment that the facts put forward by the claimant justify the remedy sought (Rule 355.2).

The Court stated that it was apparent from the service notification that the statement of claim was validly served on Spiridonakis on January 2, 2025.

The Court also stated that Rule 355.2 imposes de minimis factual allegations for a decision to be issued in absentia, namely those set out in Rules 12 and 13 RoP. That is, reasonably providing the Court with the patent documentation, as well as all documents and evidence related to infringement and damages, if requested.

Furthermore, the Court found that bringing the action before the Central Division was justified since:

  • the principal place of residence and place of business of Spiridonakis is Greece, which is outside the territory of the Contracting Member States (Article 33(1) UPCA, paragraph 3); and
  • Bulgaria, as a UPCA Contracting member state, does not host a local division and does not participate in a regional division (Article 33(1) UPCA, paragraph 4). Bulgaria was the place where the specific infringing acts were alleged to have occurred.

Validity

The Court did not find it was necessary to take a stand on patent invalidity, since this is not an issue that is raised by the Court ex officio, even in the case of a decision by default. According to the case law of the European Court of Justice (Case C-44/21), granted European patents enjoy a presumption of validity from the date of publication of their grant (cf. LD Munich, UPC_CFI_508/2023, 9 January 2025, air up v Guangzhou Aiyun).

Accordingly, EP ‘604 was presumed to be valid by the Court.

Infringement

EP ‘604 relates to a ‘reversible tool for agricultural subsoilers'. This is a tool that can be mounted on agricultural machinery to penetrate and break up compacted soil layers below the surface.

MG conducted two online purchases (on 19 July 2024 and 6 August 2024) through Spiridonakis' website for delivery of the allegedly infringing ‘Bellota tool' in Bulgaria. These products were labelled in the shipment receipts as "Spare parts nail riper nail Maschio" and "Spare parts for agricultural machinery", according to automatic translations to English.

MG's CTO inspected the accused products and submitted (together with photographic evidence) that they were almost identical in shape, dimensions, and features to the patented embodiment. A panel of judges of the Milan Central Division travelled to Cremona to visually assess the structure and operation of the original product sold by MG and the allegedly infringing product sold by Spiridonakis.

Moreover, it was noted by MG that the ‘Bellota tool' on the website of Spiridonakis.com was marketed as a "Point Riper Maschio Bellota" tool, thereby evoking the name of the patent owner, Maschio Gaspardo, with the purpose of confusing the customer about the origin of the product. It was also submitted that the ‘Bellota tool' also showed the product code R17622960, which is the distinguishing code of MG's product.

MG stated that Spiridonakis is offering and placing on the market products having all the features of at least claims 1, 2, 3, 5, 6, 9, and 10 of patent EP ‘604, at least in Bulgaria, where EP ‘604 is valid. The Court decided that the statement of claim was sufficiently detailed and supported by consistent evidence, in line with the requirements of Rule 355.2.

The Court decided that that the infringing offer, sale and distribution of the ‘Bellota tool' in Bulgaria was proven. While the Court primarily saw this as an act of primary infringement (Art. 25 UPCA), in the alternative the Court held that the requirements for indirect infringement (Art. 26 UPCA) with regard to double territoriality were met, since the attacked embodiment could be supplied at least in Bulgaria, where EP ‘604 is valid, and the ‘Bellota tool' is shipped.

Order to Communicate Information

It was further submitted that that the allegedly infringing product bears the trademark of the company Bellota, suggesting that Spiridonakis' allegedly infringing product is manufactured by the company Bellota. MG stated that they have a legitimate interest in understanding where the production takes place and who might be the infringing company, therefore justifying requesting the Court to order Spiridonakis to communicate, by Article 67(1) UPCA, information concerning the origin and distribution channels of the infringing products.

Decision

The Court found that the request from MG of ordering Spiridonakis to bear the legal costs of € 25,000 was well-founded under RoP 152, considering that the costs requested (€ 15,000 euro for the preparation of the case and € 10,000 euro for the oral hearing) were well below the minimum level of recoverable costs set out by the Presidium for an infringement action and appeared to be in line with the activity done by the legal representatives.

Accordingly, the Court granted the permanent injunction and ordered Spiridonakis refrain from any acts of infringement within UPC member states, and the payment of € 25,000 for legal costs and to refund the court fees paid by MG.

The Court also ordered Spiridonakis to communicate to MG information regarding the origin and the distribution channels of the infringing products, the quantities produced, delivered, ordered, the price related to the sales and the identity of any person involved in the production of the ‘Bellota tool'.

[1] https://www.unified-patent-court.org/en/node/136198

The Latest Thought Leadership pieces in the Content Hub

Applying Ocado, the UPC grants a R262 request to access CFI documents
July 9, 2025
NJOY Netherlands B.V v Juul Labs International, Inc (UPC_CFI_309/2023) Order issued 9 June 2025 (ORD_27305/2025) [1] The Paris Central Division revoked Juul Lab's patent EP 3 498 115 B1 by decision...
Stay in the Know

The Patent Strategist

Get expert insights and the top patent stories delivered straight to your inbox.

Heading
This is some text inside of a div block.
This is some text inside of a div block.

Latest Insights

Showing 0 of 100
Data Detection Technologies Ltd v Doytec Automation Ltd UPC_CFI_554/2024
23 May 2025
Order of 25 September 2024 [1] This Order to Preserve Evidence pursuant to Art. 60 UPCA concerns a machine manufactured by the defendant that was being displayed at a 3-day trade fair.
#
Litigation
​
Quantum Sensors: What are they and why do they matter to healthcare?
19 May 2025
The UN says we are in a year of quantum, celebrating 100 years since the development of quantum mechanics. While quantum computing is often the main talking point, the other areas of quantum tech,...
#
Consulting
​
Exploring IP in a Space Sector Product
09 May 2025
Introduction Innovative space sector businesses generate IP all the time. But it can be difficult to appreciate the range of IP being generated, or the value of that IP.
#
Patenting
​
Charged Up: Are we missing the potential of domestic battery storage for the energy transition?
21 May 2024
It's accepted that batteries will play a more and more important role in managing electricity demand as we transition to a greater proportion of renewables, but have we been thinking about them in...
#
Patenting
​
AI and Big Data in Agritech
28 March 2024
First published by Process Engineering - February 2024 The world's population stands above 8 billion in 2024 and is still growing. That growth may be slowing down but nonetheless there may be another...
#
Patenting
​
Trade Secrets vs. Patents in the UK Space Sector
11 September 2023
In this article we take a look at how trade secrets and patents compare as means of protecting inventions by UK space sector businesses. Background Properly protecting intellectual property is a key...
#
Patenting
​
A Year in Patents - Part 3/4: The Procedures of International Patent Prosecution
05 September 2023
Dr Girish Nivarti joined EIP's London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney.
#
Patenting
​
The UK National Semiconductor Strategy: a first glance
23 May 2023
The UK Government has released its National Semiconductor Strategy. The Strategy sets out the UK Government's vision for the semiconductor industry in the UK, and details funding and other...
#
Patenting
​
The Deep Non-Thinker
27 April 2023
Lock up your authors! ChatGPT is here! And it's coming for your IP! The internet is awash with content written about, or written by, the new chat-bot in town, ChatGPT.
#
Consulting
​
Geographic Scope of the UPC and Unitary Patent
22 February 2023
The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.
#
Litigation
​
A Year in Patents - Part 1/4: Swapping Simulations for the Patent Profession
14 February 2023
Dr Girish Nivarti joined EIP's London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney.
#
Patenting
​
Opt-out decision
02 December 2022
Owners of European patent rights (both pending and granted patents) need to decide, in respect of each right individually, whether to opt out of the Unified Patent Court ("UPC") system.
#
Litigation
​
Information from the UPC Registry
01 December 2022
The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org.
#
Patenting
​
Unitary Patent as an object of property
09 November 2022
A registered intellectual property right such as a patent is normally considered a property right of the country in which it has effect. Rules relating to the patent as an object of property, for...
#
Patenting
​
What are the options if you want to avoid the UPC?
03 November 2022
During the transitional period, it is possible to opt classical (i.e. non-unitary) European patents and applications out of the competence of the UPC (provided that no action has commenced at the UPC...
#
Patenting
​