Exhaustive discussion through all instances: The list of grounds for nullity is exhaustive.

Case No. 4A_415/2018 (Supreme Court) ¦ Decision of 7 December 2018, on appeal against O2017_016 (FPC) ¦ Decision of 12 June 2018

The setup of this case is pretty simple:

Salmon Pharma as the defendant in SPC infringement proceedings neither disputed validity of the basic patent EP 0 716 606 B1 of Genzyme Corporation, nor that the subject-matter of the SPC C00716606/01 is actually covered by the basic patent or that the attacked embodiment (sevelamer carbonate) is covered by the SPC. →  Read more ...

A walk on the WILD side

Case No. 4A_234/2018 ¦ Decision of 28 November 2018 (Supreme Court) on appeal against HG 13 20 ¦ Decision of 08 February 2018 (Commercial Court Berne, unpublished)

To put this case in context, it is helpful to know that WILD Heerbrugg was a Swiss company established in 1921 that produced high quality optical instruments; see the Virtual Archive of WILD Heerbrugg for further information.  →  Read more ...

The eagle has landed

Case No. HG 17 77 | Decision of 9 November 2018

As already reported in the newspaper ‘Der Bund’ on 19 December 2018, the Swiss watch manufacturer Glycine Watch SA was ordered to abstain from using its current logo because it could be confused with the logo of the luxury label Giorgio Armani. →  Read more ...

FAC overrules IPI and acknowledges acquired distinctiveness of the sign POSTAUTO

The Swiss Post filed the trademark application 61979/2010 ‘POSTAUTO’ already back in November 2010; see Swissreg. After the original application had been split up and a first trademark had been allowed to proceed to grant with a relatively wide scope covering inter alia transportation of goods and persons and operation of buses according to timetables in class 39 (CH 674’035; see Swissreg), the IPI maintained its objection with respect to some further goods and services and refused the remaining application on 31 December 2015. →  Read more ...

Riendeau ./. Zehnder: Heat exchanged?

Case No. 4A_277/2018 ¦ Decision of 01 October 2018 (Supreme Court) on appeal against O2015_009 ¦ Decision of 21 March 2018 ¦ ‘Wärmeaustauschelement: Feststellung der gemeinsamen Berechtigung an der Anmeldung’

Please see this Blog here for a discussion of the underlying decision of the FPC.  →  Read more ...