The Court of Cassation has rejected the appeal of Peugeot Motocycles and its Italian branch against the ruling of the Court of Appeal of Milan (and first instance judgment) on the infringement of Piaggio’s European patent for the MP3 scooter. In particular it concerns the control of the system that allows a three-wheeled vehicle to tilt to the side like a traditional motorcycle, an anti-roll system.
The Supreme Court agrees with Piaggio
The Pontedera group broke the news and released the Court’s reasons in a press release: “The appeal to the Court of Cassation by Peugeot Motocycles SAS and Peugeot Motocycles Italia – based on six grounds of appeal – was not even the subject of a ruling on the merits, but declared inadmissible because the appellants had requested (new) assessments from the Court of Cassation in facts precluded by the judge of third instance and raised and contested alleged defects, in the reasons given by the Court of Appeal in support of the sentence, with criticisms that the Court of Cassation considered not precise and specific.”
Compensation
With the ruling of the Supreme Court, the violation of the Italian fraction of the European patent of Piaggio & CSpA is definitively ascertained and consequently the injunction, against Peugeot Motocycles Italia, on the Italian territory of the import, export, marketing and advertising ( also through the internet) of the Peugeot Metropolis, as well as the existence of the right of Piaggio & CSpA to obtain compensation for the damage suffered. With a subsequent sentence (for which the deadlines for appeal in cassation are still pending) the Court of Appeal of Milan has quantified the amount of damage that Peugeot Motocycles Italia will have to compensate Piaggio & CSpa as a result of the confirmed counterfeiting, at over 1 million euros.
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