Lena Hagström, European Patent Attorney at Valea, assisted Dag Sandart, Attorney at Sandart & Partners, in a trial at the Patent and Market Court of Appeal (PMÖD). The trial, which was held in October 2016, was the first trial at the new PMÖD. A Finnish company Payazzo had sued our client Easypark for infringement of their European patent EP 1297503. The decision, which published on November 17, was issued in favor of our client Easypark. The invention, according to the independent claims, comprises a method for controlling a purchase transaction of a vending machine with a mobile station, and a vending machine in which a purchase transaction is controlled with a mobile phone. Payazzo considered that the short message servive (sms) service and application (app) service for payment of parking fees of Easy Park was infringing their patent. The question of infringement had been previously decided at the Stockholm District Court by interlocutory judgement. The district court held that the scope of the patent included wireless delivery of goods or services in close proximity to a locally deployed vending machine. The court also considered that the sms and app services of the parking company were purely virtual solutions without any vending machine that was deployed locally, and that there was therefore no delivery of the service in the immediate vicinity of the automaton. The PMÖD has now upheld the district court's decision and has affirmed that the sms and app services of the parking company do not infringe Payazzo’s patent. The PMÖD is of the same opinion that the District Court in its judgement, except in one respect. With particular reference to the concept of the invention, the PMÖD considers, unlike the district court, that the scope of the patent is limited to the sale of physical goods.
Patents and Trademarks Court PMT 744-16 – Patent infringement