Case Law of the Swiss Federal Patent Court
As mentioned earlier on this Blog here, the following question has been referred to the Enlarged Board of Appeal (EBA), with interlocutory decision T 1807/15 of 12 March 2021:
→ Read more ...Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent to the conduct of oral proceedings in the form of a videoconference?
Case No. O2020_004 | Order of 3 March 2021 | ‘Security for party compensation’
The defendant in this infringement case had requested that the plaintiff be ordered to provide a security for its party compensation in case of failure of plaintiff’s complaint. → Read more ...
As noted earlier on this Blog here, we knew that a medical device company has been sued by two competitors for infringement of their respective patent(s) by one and the same injector pen. → Read more ...
Case No. O2019_011 | Hearing of 18 February, cont’d on 19 April 2021
Anergy plus seeks the transfer of six patent applications relating to urban heat exchange networks. → Read more ...
Case No. O2018_004 | Decision of 14 December 2021
There is so much to write about this judgment that I hardly know where to begin. → Read more ...
The Enlarged Board of Appeal of the European Patent Office will soon hear a case of fundamental importance for the parties’ right to be heard and the right to a fair trial. → Read more ...
Case No. O2020_08/15 | Main hearing of 1 April 2021
The main hearing in this matter earlier today was highly interesting. → Read more ...
As promised, I would like to invite you to the next fireside chat on Clubhouse! 👋
It’s supposed to become the interactive part of this Blog:
🔥 FIRESIDE CHAT #02
The rough agenda:
1 // I will provide a quick update on what has happened at the Swiss Federal Patent Court and the Supreme Court in patent matters; 15 min. → Read more ...
The official Annual Report 2020 of the FPC has been published yesterday. It comes along with an Executive Summary as follows:
→ Read more ...At 22, the number of incoming cases remained virtually unchanged compared to the previous year (21 in the previous year).
Case No. O2019_005 | Hearing of 17 March 2021
As reported on this Blog here, Sanipat GmbH and Hafner AG are litigating over certain sealing strips for e.g. → Read more ...
A major revision of the Swiss PatA is currently in the making; see this Blog here, here and here. Inter alia, examination on the merits (novelty and inventive step) as well as a full-fledged opposition proceeding is proposed. → Read more ...
The EPO has a pretty strict regime in place with respect to postponement of oral proceedings. As you might know, only a single date is fixed by the EPO ex officio, and this date
→ Read more ...[…] will be cancelled and another date fixed […] only if the party concerned can advance serious reasons which justify the fixing of a new date.