The court assessed that the warning letters contained factual and nuanced information about a party's position in a dispute. The letters were sent only to the alleged infringer and not to any customer, retailer, or other third party. The fact that the warning letters contained incorrect information about Swedish patent protection did not affect the assessment of whether they constituted marketing.
The Patent and Market Court of Appeal did not grant leave to appeal the judgment. The specific incorrect statements about Swedish patent protection in the letters were not detailed in the ruling.