The clock is ticking (but not yet for the costs)

Case No. 4A_301/2017 (Supreme Court) ¦ Decision of 30 June 2017 ¦ “Patent, interim measures, costs”

This case relates to a folding buckle for watchbands featuring biometric recognition of individual vein patterns. For further background information on the assignment action, please see this Blog here (S2017_003, decision of 25 April 2017).

The plaintiff had lodged an appeal to the Supreme Court against the FPC’s interlocutory decision in summary proceedings, but only challenged the apportionment of costs. However, apportionment of costs in summary proceedings does not cause irreparable harm in the sense of Art.  93(1) lit. a SCA since apportionment can be challenged with an appeal against the final decision; Art.  93(3) SCA (see decisions 4A_24/2017, r 2.2; 135 III 329, r 1 and 138 III 94, r 2).

The appeal was thus held manifestly inadmissible.

Reported by Martin WILMING

BIBLIOGRAPHY

Case No. 4A_301/2017 (Supreme Court) ¦ Decision of 30 June 2017 ¦ “Patent, interim measures, costs”

Biowatch SA

./.

  1. Oréade Manufactue de Boîtes SA
  2. B. SA
  3. C. SA

The President:

  • Dr. Christina KISS

Court Clerk:

  • Raphaël CARRUZZO

Representative(s) of Appellant / Plaintiff:

  • Florian DUCOMMUN (HDC)

Representative(s) of Respondent (1):

Representative(s) of Respondents (2) and (3):

DECISION IN FULL

Download (PDF, 297KB)

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