CA Upholds PAL on Patent Infringement Case

Manila Bulletin, January 5, 2010 | Go to article overview

CA Upholds PAL on Patent Infringement Case


Flag carrier Philippine Airlines (PAL) has received a favorable ruling from the Court of Appeals (CA) dismissing an 18-year-old patent infringement case filed by a textile manufacturer.In a 14-page ruling, the CA’s eleventh division reversed the July 15, 1998 decision of the Makati City regional trial court (RTC) ordering PAL to pay Sabine Koschinger of Linens International Inc. (LLI) P30,000 as nominal damages and P20,000 as attorney’s fees.The CA decision was penned by Associate Justice Amelita Tolentino and concurred in by Associate Justices Estela Perlas Bernabe and Stephen Cruz.Koschinger, in her complaint filed with the Makati RTC in 1992, claimed that PAL used her patented “shell designs” on table linens and placemats in its commercial flights without her consent or authority.The lower court had also barred PAL from causing the manufacture or use of the table linens and placemats bearing Koschinger’s patented designs.But in its decision promulgated last December 7, the CA held that there can be no infringement at all because Koschinger’s “designs had been in public use or on sale in the country for more than six months before the application for a patent therefore. …

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CA Upholds PAL on Patent Infringement Case
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