FPC ReviewAt an INGRES conference of 5 December 2012, practitioners had the chance to openly discuss their preliminary experience with the new Civil Procedure Code in intellectual property matters in general. Dr. Dieter BRÄNDLE (President of the FPC) and Dr. Tobias BREMI (Second ordinary judge…
Case No. O2012_022 ¦ Decision of 16 January 2013 ¦ “Auszug aus dem Beschluss Abweisung Ausstandsbegehren” HEADNOTE Art. 47 CPC: A request for recusal cannot be based on factual circumstances that are not yet reality and for which it is not…
Case No. 4A_443/2012 ¦ Decision of 05 February 2013 ¦ “Appeal against the decision of the Federal Patent Court of 07 June 2012“ For the background of the case and the underlying decision of the FPC in detail, please see…
The Annual Report 2012 has been published by the FPC on 11 March 2013. It is available online in German, French and Italian language. Some key aspects are summarized below. 1. GENERAL REMARKS It is essential for the set-up of the…
Case No. O2012_036 ¦ Partial decision of 13 February 2013 ¦ “Teilurteil Auskunft und Rechnungslegung nach abgegebener Unterlassungserklärung” This case pertains to power plug adapters that allegedely infringe EP 1 393 417 B1. An essential feature is that various plugs can be…
In order to prevent the grant of an interim measure / a preliminary injunction without prior hearing, the potential defendant may file a pre-emptive brief with the competent court; Art. 270 CPC. The counterparty will only be served with the pre-emptive…
The FPC began to publish the dates of forthcoming public oral hearings on the website, at the bottom right of the entry page: Further details of the scheduled oral hearing(s) can be found in the Case law Section, or via the…
The following Guidelines were amended, effective as of 01 January 2013: Guidelines on Proceedings before the Federal Patent Court Guidelines on Independence The prior versions can still be found here. Amendments are not marked-up in the official versions. For ease…
Case No. S2012_011 ¦ Decision of 21 November 2012 ¦ “Abweisung des Gesuchs um Erlass vorsorglicher Massnahmen wegen fehlender erfinderischer Tätigkeit” First patent applications on the blockbuster drug Omeprazole date back to 1978; cf. the review of Correa, Trends in…
Case No. O2012_004 ¦ Decision of 24 August 2012 ¦ “Nichteintreten wegen ungenügendem Rechtsbegehren; Bemessung der Parteientschädigung” This case started back in March 2010 at the cantonal court of Grisons. Written proceedings were already completed before the case was transferred to…
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