Case Law of the Swiss Federal Patent Court
I had the pleasure to attend the conference on Case Management Issues in IP Proceedings earlier this week in St. Gallen, jointly organized by INGRES and SVRH.
Case No. O2016_012 | Decision of 28 October 2019 | ‘Einschlagbarer Hüftgelenkprothesengrundkörper’
We have reported about the main hearing in this matter on this Blog here.
Case No. O2017_009 | Decision of 7 November 2019 | ‘Oxycodon und Naloxon II und III’
The patents at stake in this nullity case are MundiPharma‘s EP 2 425 821 B1 (see EPO Register and Swissreg) and EP 2 425 824 B1 (see EPO Register and Swissreg).
Case No. 4A_332/2019 (Supreme Court) | Order of 13 November 2019, on appeal against O2018_009 (FPC) | Decision of 27 May 2019 | ‘Patentnichtigkeit Fulvestrant’
A quick recap: Actavis had challenged validity of AZ’s Swiss part of EP 2 266 573 back in 2015, and the FPC had indeed held in 2017 that EP 573 was invalid for lack of inventive step; see this Blog here.
Case No. O2018_003 | Decision of 15 October 2019 | “Patentnichtigkeit; Pemetrexed”
The patent in suit is Lilly‘s EP 1 313 508 B1; see the EPO Register and Swissreg for further details.
Plausibility is a big deal nowadays in almost every high stake patent case:
Does the application as filed in view of the common general knowledge at the filing date make it plausible that the invention really works?
Case No. S2019_007 | Decision of 1 October 2019
The patent in suit is CH/EP 1 173 181 H1, after partial surrender of EP 1 173 181 B3 which itself came out of central limitation proceedings concerning EP 1 173 181 B1 before the EPO; see EPO Register and Swissreg for further information.
As discussed a while ago on this Blog here, the settlement discussion at the occasion of a main hearing is non-public at the FPC.
Case No. O2017_015 | Hearing of 20 September 2019
The patent at stake in this infringement case is Alstom‘s EP 1 024 070 B1; see EPO Register and Swissreg for further bibliographic information.
Case No. S2019_002 | Decision of 15 August 2019 | ‘PASCAL’
This infringement case is about EP 1 624 810 B1 and EP 1 408 850 B1; see EPO Register (here and here) and Swissreg (here and here) for further bibliographic information.
Case No. 4A_70/2019 (Supreme Court) | Decision of 6 August 2019, on appeal against O2016_009 (FPC) | Decision of 18 December 2018 | ‘Durchflussmessfühler’
I have reported about the first instance decision of the FPC on this Blog here.
Case No. O2019_005
I came across the complaint in an infringement case that is pending at the FPC, between Sanipat GmbH and Hafner AG.