Constructive Device Patent Infringement Case: ENIO BIANCHI ME v. SACADA GLASS: Court of Justice of São Paulo Rules Against Appeal in Brazilian Utility Model Infringement Dispute
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📋 Case Summary
| Case Name | ENIO BIANCHI ME v. SACADA GLASS |
| Case Number | 1004134-66.2018.8.26.0020 |
| Court | Court of Justice of São Paulo |
| Duration | 2018 – Mar 2026 7 years 3 months |
| Outcome | Plaintiff Win – Appeal Denied |
| Patents at Issue | |
| Accused Products | Constructive arrangement in device elements for adjustable opening of frames, doors, partitions, terraces and the like |
Case Overview
The Parties
⚖️ Plaintiff
Brazilian micro-enterprise holding utility model patent BRMU8400847U, actively enforcing IP rights in construction hardware.
🛡️ Defendant
Brazilian architectural glass and framing company, whose adjustable opening systems allegedly incorporated the patented constructive arrangement.
Patents at Issue
This case centered on a key utility model patent protecting mechanical innovation in architectural hardware:
- • BRMU8400847U — Constructive arrangement in device elements for adjustable opening of frames, doors, partitions, terraces and the like.
Developing architectural hardware for Brazil?
Check if your design might infringe this or related utility model patents.
The Verdict & Legal Analysis
Outcome
The Court of Justice of São Paulo **voted to deny the appeal** filed by SACADA GLASS, affirming the position of patent holder ENIO BIANCHI ME in this infringement action. The case is now **closed** as of March 11, 2026, reinforcing the enforceability of utility model patents in Brazil.
Key Legal Issues
The appellate panel’s decision to deny the appeal suggests that arguments raised by SACADA GLASS challenging infringement findings, the validity of the utility model, or procedural grounds were insufficient to overcome the lower tribunal’s determinations. This implies the court found the plaintiff’s infringement claim well-substantiated and the utility model BRMU8400847U valid and enforceable.
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⚠️ Freedom to Operate (FTO) Analysis
This case highlights critical IP risks in Brazilian architectural hardware design. Choose your next step:
📋 Understand This Case’s Impact
Learn about the specific risks and implications from this litigation in Brazil.
- View all related utility model patents in this technology space
- See which companies are most active in Brazilian mechanical device patents
- Understand local claim construction patterns
🔍 Check My Product’s Risk
Run a comprehensive FTO analysis for your own technology or product for the Brazilian market.
- Input your product description or technical features
- AI identifies potentially blocking patents (including utility models)
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High Risk Area
Adjustable frame opening devices in Brazil
Utility Model Patents
Key for mechanical innovations in Brazil
Design-Around Options
Often available for utility model claims
✅ Key Takeaways
For Patent Attorneys
Brazilian utility model patents are enforceable at the appellate level and provide meaningful protection for mechanical innovations in construction hardware.
Search related Brazilian case law →Claim scope mapping to commercially active product categories is critical for successful utility model enforcement in Brazil.
Explore Brazilian precedents →For R&D Teams
Adjustable frame, partition, and terrace hardware designs require Brazilian utility model clearance before market launch.
Start FTO analysis for my product →Document design evolution thoroughly and conduct FTO analysis before finalizing product aesthetics, especially for the Brazilian market.
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