Supreme Court confirms HeatCut decision, appeal dismissed

Case No. 4A_371/2016 (Supreme Court) ¦ Decision of 14 October 2016 ¦ “HeatCut”

For a review of the FPC’s underlying decision O2014_009 of 04 May 2016, please see this Blog here. In a nutshell, Saurer’s HeatCut system had been held to infringe Lässer’s EP 1 983 083 B1.

The Supreme Court has now dismissed Saurer’s appeal, to the extent it has been considered at all.

First, the appellant apparently aimed at protective measures for the documents to be provided in compliance with the FPC’s order on information and accounting accounting. The Supreme Court did not grant protective measures, in the absence of a specific request towards this end. A procedural — and unspecific — request was not sufficient.

Second, the appellant essentially argued that the injunction as ordered by the FPC reaches beyond the scope of the patent. The Supreme Court did not agree: The injunction requires that the tip only penetrates the layer which is to be cut, and this is well within the scope of the patent.

The appellant also objected to the claim construction and its application on the attacked embodiment. Both objections were held unfounded, to the extent considered at all.

Reported by Martin WILMING


Case No. 4A_371/2016 (Supreme Court) ¦ Decision of 14 October 2016 ¦ “HeatCut”

Saurer AG (appellant) ./. Lässer AG Stickmaschinen (patentee)

Composition of the Board of the Supreme Court:

  • Dr. Christina KISS
  • Dr. Kathrin KLETT
  • Dr. Martha NIQUILLE

Court Clerk:

  • Dr. Christoph HURNI

Representative(s) of appellant:

Representative(s) of patentee:


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