Case Law of the Swiss Federal Patent Court
Case Nos. 4A_435/2018, 4A_441/2018 (Supreme Court) | Decision of 29 January 2019 on appeal against O2015_018 (FPC) | Decision of 15 June 2018 | ‘Instrument d’écriture’
Please see this Blog here for a detailed review of the underlying decision of the FPC in this matter.
→ Read more ... “Writing instrument: The Supreme Court’s final stroke”
The official Annual Report 2018 of the FPC has been published earlier today, together with a press release. It comes along with an official Executive Summary as follows:
→ Read more ... “The Federal Patent Court’s Annual Report 2018”Compared to the previous year, the total number of incoming cases decreased slightly to 29 (34 in the previous year).
Case No. O2018_013 | Hearing of 18 March 2019
These proceedings are following-up on the case O2014_002 (discussed on this Blog here in more detail) where the FPC held that certain non-return valves for urinals produced by von Allmen AG were infringing .
→ Read more ... “Return of the non-return valves”
Case No. S2018_006 | Decision of 8 February 2019
The plaintiff in this infringement case is CSEM, the patentee of EP 1 422 436 B1; see Swissreg and the EPO register for further bibliographic information about the patent in suit.
→ Read more ... “Life on Pemetrexed: Hit by the DoE pendulum swinging back”
It feels like I’m on repeat: There is yet another referral to the EBoA in the pipeline, in addition to those listed on this Blog here.
→ Read more ... “Munich, or Haar, or what?! The Enlarged Board of Appeal will have its say!”
Busy times ahead for the Enlarged Board of Appeal (EBoA). While we are still awaiting the decision G 1/18, and only shortly after the referral re double-patenting, yet another Board referred questions to the EBoA in case T 489/14; interlocutory decision of 22 February 2019.
→ Read more ... “Patentability of computer-implemented simulation upon to be reviewed by the Enlarged Board of Appeal”
On appeal against the decision of an ED to refuse an Euro-PCT application of Nestec SA for reasons of an alleged ‘internal double patenting’ issue, i.e.
→ Read more ... “A referral to the Enlarged Board of Appeal re double patenting, finally”
Case No. O2016_009 ¦ Decision of 18 December 2018 ¦ ‘Durchflussmessfühler’
Please find some background information about the subject-matter at stake on this Blog here, and a report about the main hearing of 29 October 2018 on this Blog here.
→ Read more ... “Obviousness is a question of law – but the court will only pick up lines of attack that have been asserted”
Case No. O2018_018 ¦ Order (excerpt) of 4 January 2019 ¦ ‘Klageüberfall’
The hn highlights in no uncertain terms the risk associated with maintaining patents of doubtful validity in Switzerland: Even in case of a nullity action out of the blue, and even if the patent is then withdrawn immediately, the patentee / defendant still has to bear the procedural costs.
→ Read more ... “Paying annuities may have unexpected consequences …”
I stumbled upon an open letter of Public Eye to Alain Berset, head of the Federal Department of Home Affairs. Public Eye pushes for a
→ Read more ... “A creative approach to compulsory licenses — or just PR?”[…] public non-commercial use (compulsory) licence on patents related to the breast cancer medicine pertuzumab sold by Roche under the brand name Perjeta®.