Morello Forni successful against Gastroteam in dispute over pizza former machines

The UPC local division in Milan issued a default judgment (UPC CFI No. 802/202) concerning a semi-automatic pizza former. The patent proprietor markets the machine under the trademark Pizzarella. The associated patent EP3691454B1 protects a method and apparatus for shaping pizza.

In 2018, Gastroteam had become the exclusive distributor for Pizzarella machines in Sweden. After the commercial collaboration ended, Gastroteam began manufacturing and distributing its own pizza former in Europe. These are sold under the brands Pizza Former, Pizzapress or Pizzaform.

The panel of judges, Pierluigi Perrotti (presiding judge and judge-rapporteur), Alima Zana and Samuel Granata, confirmed in their judgment that the defendants neither accessed the case file through a representative nor filed a statement of defence or other written submission. The plaintiffs therefore filed a request for a default judgment pursuant to Article 37 of the UPCA and Rule 355 of the Rules of Procedure.

Subsequently, the UPC local division in Milan ruled that Gastroteam Abbe and Salvatore Marciuliano, owner of the sole proprietorship Marciuliano Attrezzature, must cease manufacturing, offering for sale and placing on the market in Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia and Sweden any machine that reproduces in whole or in part the features indicated in the claims of EP3691454.

This represents a success for the medium-sized Italian company Morello Forni in the UPC core territory.

The court set a penalty of €11,000 for each individual infringing product and €5,000 for each day of delay in executing the additional obligations.

Furthermore, the court set provisional compensation for damages at €46,000 plus €10,000. Additionally, Gastroteam Abbe and Salvatore Marciuliano must bear the plaintiffs’ costs of the proceedings. The court set the amount in dispute at €500,000.

Morello Forni prevails with Trevisan & Cuonzo and Studio Torta

Vittorio Cerulli Irelli

Morello Forni was represented by a Trevisan & Cuonzo team consisting of Vittorio Cerulli Irelli and Lorenzo Battarino, as well as patent attorney Pierluigi Carbonara from Italian firm Studio Torta.

The judgment does not name any representatives for Gastroteam Abbe and Salvatore Marciuliano.

An appeal is possible within two months.