Time is of the essence

I have reported earlier on this Blog here about the time limits and possible  extensions that parties should expect in proceedings at the FPC, subject to exceptions as set forth in Art. 7 of the Guidelines on Proceedings.

This list has now been officially published on the FPC’s website (see link at the bottom of the page).

Reported by Martin WILMING


Download (PDF, 74KB)


…  read more

The ‘infringement test’ is (still) alive in Switzerland, surrounded by post-Medeva EU

Case No. O2017_001 ¦ Decision of 3 October 2017 ¦ “Nichtigkeit eines ESZ; Überprüfung der bisherigen Rechtsprechung zu Kombinationspräparaten; Klageabweisung”

Note that Hepp Wenger Ryffel is involved in this matter on behalf of the plaintiff.
Gilead's Truvada
Gilead’s Truvada®

Nullity of the supplementary protection certificate C00915894 has been at stake; see this Blog here and here for some background information. The basic patent is EP 0 915 894 B1; see EPO Register and Swissreg.

…  read more

AZ’s Faslodex®: EP(CH) 2 266 573 and EP(CH) 1 250 138 revoked

Case No. O2015_011 ¦ Decision of 29 August 2017 ¦ “Gutheissung Nichtigkeitsklage”

Case No. O2015_012 ¦ Decision of 29 August 2017 ¦ “Gutheissung Nichtigkeitsklage; Nichtzulassung verspäteter Einschränkung”

We have reported on the combined main hearing in these nullity cases on this Blog here. In brief:

…  read more

Does the wording of an SPC matter?

Case No. S2107_006 ¦ Hearing of 9 October 2017

Note that Hepp Wenger Ryffel AG is involved in this matter on behalf of the defendant.

The supplementary protection certificate C00915894 is at stake; see the official court information about the hearing. The basic patent is EP 0 915 894 B1; see EPO Register and Swissreg.

It’s not the first time that the parties litigate about this SPC. Nullity proceedings are co-pending; see

…  read more

Judges elected!

As noted earlier on this Blog here, elections of judges by the Federal Assembly took place today.

Judges elected!

Unsurprisingly, all judges proposed by the Judicial Commission have been elected for the new term 2018-2023:

The 2nd ordinary judge:

BREMI Tobias; first elected 16 June 2010, re-elected now with 207/218 votes

Re-elected non-permanent judges with a background in technology:

  1. CLERC Natalia, first elected 16 June 2010; re-elected now with 199/207 votes
…  read more

The Judicial Commission’s complete proposal for election of judges

The Judicial Commission has published a report on its preparatory work for the election of judges for the FPC yesterday. Elections are scheduled for 27 September 2017. The following 34 judges are available and recommended by the Judicial Commission for re-election:

  • BREMI Tobias, 2nd ordinary judge, elected 16 June 2010

Non-permanent judges with a background in technology:

  1. CLERC Natalia, elected 16 June 2010
  2. DUX Roland, elected 28 September 2011
  3. GERVASIO Giovanni, elected 16 June
…  read more

Living in a box … no more

Case No. 4A_18/2017 (Supreme Court)] ¦ Decision of 10 July 2017 ¦ ‘HIT Box’

This decision of the Supreme Court of Switzerland concerns an appeal against a decision of the Princely High Court of Liechtenstein in a patent infringement case.

This setup demands for some explanations right from the outset.

Switzerland and the Principality of Liechtenstein form a unitary territory of protection; see the Bilateral Protection Act (‘Patentschutzvertrag‘, an English translation is available

…  read more

Proposed non-permanent judges

As noted earlier on this Blog here, the Judicial Committee has recently been seeking

  • one non-permanent judge with a background in law; and
  • four non-permanent judges with a background in chemistry or mechanical engineering.

A press release has been published by the Judicial Committee yesterday, setting out the proposal to the parliament for election on 27 September 2017.

Candidates for the position(s) as non-permanent judge(s) with a background in law are:

…  read more

Ex parte interim injunctive relief granted based on an SPC

Case No. S2017_006 ¦ Decision of 30 August 2017 ¦ “Gutheissung superprovisorische Massnahme”

The defendant in this matter had notified the SPC holder of the imminent launch of its generic product in Switzerland, before a decision in parallel nullity proceedings was available. The validity of the SPC had been challenged in parallel nullity proceedings based on the SPC case law of the CJEU and an accordingly to be revised Swiss practice.

The plaintiff sought for

…  read more