The Law Rules In Favour Of Televes and Guarantees that the Technological Development of the Programmable Amplifiers Avant and Avant 5 does not Violate any Patents
This has ended a long legal battle initiated by Fagor Electrónica, which has been taken to three different legal sites, and in which all the decisions made by the courts have been repeatedly in favour of Televés.
One of the consequences of the lawsuit is the revocation of the patent awarded to Fagor in Germany and this company’s obligation to pay for the legal costs.
Televes reiterates its total respect for industrial property and the principles of fair competition, backed by a career of over 50 years.
Santiago de Compostela, 12th May 2010. Televes shows its satisfaction for the recent legal decisions in its favour, which guarantee that the development of its programmable amplifiers Avant and Avant 5 was carried out in full respect of the industrial property regulations. The legality of these devices was placed in doubt by Fagor Electrónica, which sued Televes for alleged violation of invention patents. Fagor Electrónica’s lawsuits have been completely rejected by the courts, in final decisions which credit without a shadow of a doubt the legality of the technology used by Televes in both devices.
These legal resolutions have been made by Court No. 4 and Section 2 of the Provincial Court of La Coruña, ratified by the Supreme Tribunal through a Court Order ruling the appeal inadmissible at the court of appeal and also by Mercantile Court No. 2 of Bilbao and Provincial Court of Biscay, as well as by the German Federal Patent Court.
This puts an end to the long and complex lawsuits, held at three legal sites (La Coruña, Biscay and Germany) and in which all the courts’ rulings have been in favour of Televes.
In the light of these resolutions, it has become crystal clear that Televes uses its own technology in its programmable amplifiers, having respected at all times the industrial property registered by other companies.
As a result of the process, one of the patents demanded by Fagor Electrónica has been revoked by the German Federal Patent Court. In addition, Fagor Electrónica has been sentenced to meet all the costs of the legal processes settled by its different appeals before the Provincial Court of Biscay and the Supreme Court.
A Long Process at Three Sites
The first lawsuit against the Avant amplifier was initiated by Fagor Electrónica in a lawsuit presented on 18th October 2000 before the Court of First Instance No. 4 of La Coruña. This court ruled in favour of Televes on 21st October 2003, rejecting the lawsuit.
Fagor Electrónica appealed against the sentence before Section 2 of the Provincial Court of La Coruña, which on 26th January 2005 confirmed the sentence.
Once again Fagor Electrónica presented a new appeal, this time before the Supreme Court (court of appeal), the body which via a ruling on 4th June 2008 declared the appeal inadmissible and maintained the previous sentences, condemning the appealer to pay the costs.
Parallel to the appeal before the Supreme Court, Fagor Electrónica once again sued Televés on 24th January 2007, for patent violation on the programmable amplifier Avant 5, before Mercantile Court No. 2 of Bilbao, which on 8th January 2008 ruled in favour of Televés.
Fagor appealed once again before the Court of Biscay and this was resolved on 29th October 2009 confirming the sentence in favour of Televés and imposing costs on the appealer.
To the previous events we must add the presentation by Televes, in February 2003, of opposition to the German extension of Fagor’s patent. This opposition was transferred from the German Patents and Trademark Office to the German Federal Patent Court, where after holding an oral trial, on 25th July 2005, Fagor’s patent was revoked.
Without a Shadow of a Doubt
The legal decisions satisfy Televes, to the extent that they rule in favour of its arguments and back without a shadow of a doubt the company’s meticulous respect for industrial property and the regulations of fair competition in the development of its successful Avant range of amplifiers, principles which have been Televes’ identifying traits in its 50 years of history.
Televes is also distinguished for its capacity to develop its own technology for the reception, distribution and measuring of radio-television signals, backed by its more than 200 Industrial Property registers (European Patents, National Patents, Utility Models, etc.). This technology successfully competes in over 80 countries across the five continents and enjoys the prestige and recognition of the most demanding customers.
Televes is a leading global company, focused in the design, development and manufacture of systems and products associated with telecommunications services for the home, and specialised in broadcast, reception and measurement of the radio-television signal. The company is headquartered in Santiago de Compostela (Spain), where it was founded in 1958. At present, Televes is the head of a Corporation of technological firms with a commercial presence in over 80 countries. Over its more than 50 years of history, Televes has played a vital role in the decision making processes that have defined the telecommunications sector.
Televes has been a numbered member of the Digital Video Broadcast (DVB) project since 1995, closely collaborating with the goal of developing the standards of the new digital television.