It concludes in favor of Group Piaggio a legal battle that had been going on for several months and which saw the Pontendera (Pi) company pitted against Peugeot Motorcycles. The Court of Cassation today declared inadmissible the appeal that Peugeot Motocycles Sas and Peugeot Motorcycles Italia had prepared following the ruling of the Milan Court of Appeal of 16 January 2023 which, in line with the Court of Milan (in first instance) had infringement of a European Piaggio patent by the Italian fraction was ascertained.
The patent concerns the scooter Piaggio MP3 and, specifically, the control of the system that allows a three-wheeled vehicle to lean to the side like a traditional motorcycle, an anti-roll system.
As highlighted by a note from the Piaggio Group, Peugeot Motocycles’ appeal to the Supreme Court – based on six grounds of appeal – was not even the subject of a ruling on the merits, but declared inadmissible due to the appellants having requested the Court of Cassation (new ) findings of fact precluded by the judge of third instance and alleged defects raised and contested, in the reasons given by the Court of Appeal in support of the sentence, with criticisms that the Court of Cassation deemed not precise and specific.
Following this decision, the sentence rendered by the Court of Appeal of Milan becomes final the infringement of the Italian fraction of the European patent of Piaggio & C is therefore definitively ascertainedthe injunction, against Peugeot Motocycles Italia, on the Italian territory of the import, export, marketing and advertising (including via the internet) of the Peugeot Metropolis, as well as the existence of Piaggio’s right to obtain compensation for the damage suffered.
With a subsequent ruling (for which the terms of appeal in cassation are still pending) the Court of Appeal of Milan quantified the amount of damage that Peugeot Motocycles Italia will have to compensate Piaggio as a result of the proven counterfeiting over 1 million euros.
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