Case Law of the Swiss Federal Patent Court
Case No. S2019_006 | Decision of 1 May 2019
Case No. S2019_006 | Decision of 21 March 2019
The SPC in suit is ICOS’ C00740668/01, the basic patent of which is EP 740 668 B1; see EPO Register and Swissreg for further information.
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Case No. O2016_016 | Hearing of 8 May 2019
The patent at stake is MundiPharma‘s EP 2 425 825 B9; see EPO Register and Swissreg.
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Proper assignment of the right to claim priority is intensely discussed in recent times, in particular the way how the EPO addresses such issues.
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The FPC has attempted from the very beginning to settle its cases by compromise; see e.g. the (p 6, left col):
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Case No. S2019_004 | Decision of 9 April 2019
Case No. S2019_004 | Decision of 20 February 2019
With request of 12 February 2019, AstraZeneca asserted EP(CH) 2 266 573 B1 (see EPO Register and Swissreg for further information) against Sandoz’s generic version of AZ’s Faslodex®, i.e.
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Case No. S2018_007 | Hearing of 15 April 2019
The patent at stake is EP 3 027 362 B1 which is jointly owned by C&E Fein GmbH and Robert Bosch GmbH; see the EPO Register and Swissreg for further information.
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Case No. 4A_575/2018 (Supreme Court) | Decision of 12 March 2019 on appeal against S2018_004 (FPC) | Decision of 22 October 2018 | ‘Abacavir / Lamivudine’
Please see this Blog here for a detailed review of the first instance decision S2018_004 of the FPC in this matter, granting interim injunctive relief against Sandoz’s generic Kivexa®.
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Case No. S2019_001 | Decision of 25 March 2019
The parties Lutz Medical Engineering and the EPFL are in dispute about the legitimate ownership of WO 2017/005661 A1 and the further national / regional parts of the patent family in Germany, the U.S., China and the EPO.
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Case No. O2017_023 | Hearing of 4 April 2019
This case is about an alleged infringement of Gilead’s SPC C00915894; the basic patent is (see EPO Register and Swissreg).
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In addition to the cases concerning double patenting, computer-implemented simulation and the location in Haar, there is yet another referral to the Enlarged Board of Appeal (EBoA) in the pipeline, i.e.
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