Administrative Board of Judges for the term of 2018-2023

As previously reported on this Blog here and here, the Federal Assembly had elected Mark Schweizer as new President and re-elected Tobias Bremi as second permanent judge.

Frank Schnyder has also been re-elected as Vice President at the November 15, 2017 plenary assembly of the FPC.

Thus, the Administrative Board of Judges for the term of office of 2018-2023 is:

President Mark Schweizer
Vice-President Frank Schnyder
Second permanent judge Tobias Bremi

Reported by Martin WILMING

OFFICIAL COMMUNICATION

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Three judges with a background in chemistry elected

As noted earlier on this Blog here, elections of the additional judges with a background in chemistry by the Federal Assembly took place earlier today. Unsurprisingly, all judges proposed by the Judicial Commission have been elected.

Congratulations to Michael Kaufmann, Frank Schager and Diego Vergani, and all the best of luck in handling of their cases!

Reported by Martin WILMING

THE SDA COMMUNICATION

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Three additional chemists proposed for election as judges

A report of the Judicial Commission on the preparatory work for the election of three additional non-permanent judges with a background in chemistry has been published yesterday.

The following candidates are proposed for election:

  1. KAUFMANN Michael
  2. SCHAGER Frank
  3. VERGANI Diego

Election by the Federal Assembly is scheduled for 13 December 2017.

Reported by Martin WILMING

THE JUDICIAL COMMISSION’S REPORT

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Judges elected!

As noted earlier on this Blog here, elections of judges by the Federal Assembly took place today.

Judges elected!

Unsurprisingly, all judges proposed by the Judicial Commission have been elected for the new term 2018-2023:

The 2nd ordinary judge:

BREMI Tobias; first elected 16 June 2010, re-elected now with 207/218 votes

Re-elected non-permanent judges with a background in technology:

  1. CLERC Natalia, first elected 16 June 2010; re-elected now with 199/207 votes
  2. DUX Roland, first elected 28 September 2011; re-elected now with 197/207 votes
  3. GERVASIO Giovanni, first elected 16 June 2010; re-elected now with 199/207 votes
  4. HERREN Barbara, first elected 28 September 2011; re-elected now with 199/207 votes
  5. KÖPF Alfred; first elected 16 June 2010,  re-elected now with 197/207 votes
  6. MÜLLER Christoph; first elected 16 June 2010, re-elected now with 197/207 votes
  7. MÜLLER Markus A.; first elected 16 June 2010, re-elected now with 197/207 votes
  8. RIGLING Peter D.; first elected 16 June 2010, re-elected now with 196/207 votes
  9. ROLAND André; first elected 16 June 2010, re-elected now with 196/207 votes
  10. ROSHARDT Werner; first elected 16 June 2010, re-elected now with 196/207 votes
  11. RÜEDI Regula; first elected 28 September 2011, re-elected now with 199/207 votes
  12. RÜFENACHT Philipp; first elected 16 June 2010, re-elected now with 197/207 votes
  13. SAAM Christophe; first elected 16 June 2010, re-elected now with 196/207 votes
  14. SCHÖLLHORN SAVARY Andreas; first elected 17 June 2015, re-elected now with 197/207 votes
  15. SCHNYDER Frank; first elected 16 June 2010, re-elected now with 196/207 votes
  16. SPERRLE Martin; first elected 17 June 2015, re-elected now with 196/207 votes
  17. SPILLMANN Hannes; first elected 17 June 2015, re-elected now with 196/207 votes
  18. STOCKER Kurt; first elected 16 June 2010, re-elected now with 197/207 votes
  19. SUTTER Kurt; first elected 16 June 2010, re-elected now with 197/207 votes
  20. VOGEL Daniel; first elected 16 June 2010, re-elected now with 197/207 votes
  21. von BALLMOOS Prisca; first elected 28 September 2011, re-elected now with 196/207 votes
  22. WERNER André; first elected 16 June 2010, re-elected now with 197/207 votes
  23. ZARDI Marco; first elected 16 June 2010, re-elected now with 197/207 votes

Re-elected non-permanent judges with a background in law (all elected 16 June 2010 for the first time):

  1. ALDER Daniel; re-elected now with 196/207 votes
  2. DUCOR Philippe; re-elected now with 197/207 votes
  3. GASSER Christoph; re-elected now with 197/207 votes
  4. HILTI Christian; re-elected now with 197/207 votes
  5. HOLZER Simon; re-elected now with 197/207 votes
  6. KRAUS Daniel; re-elected now with 197/207 votes
  7. LEGLER Thomas; re-elected now with 197/207 votes
  8. RENTSCH Rudolf A.; re-elected now with 197/207 votes
  9. SCHLOSSER Ralph; re-elected now with 197/207 votes
  10. WILLI Christoph; re-elected now with 197/207 votes

Five judges were elected for the first time (1-3 with a background in law, 4-5 with a background in technology):

  1. DORIGO SLONGO Lara; elected now with 208/211 votes
  2. HESS Andri; elected now with 209/211 votes
  3. KOHLER Stefan; elected now with 198/211 votes
  4. PARRINI Lorenzo; elected now with 208/211 votes
  5. STÖRZBACH Michael Andreas; elected now with 210/211 votes

Congratulations to all elected judges, and all the best of luck in handling of their cases!

What remains is the election of two further non-permanent judges with a background in chemistry; see this Blog here. Stay tuned.

Reported by Martin WILMING

THE PROVISIONAL OFFICIAL BULLETIN

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The Judicial Commission’s complete proposal for election of judges

The Judicial Commission has published a report on its preparatory work for the election of judges for the FPC yesterday. Elections are scheduled for 27 September 2017. The following 34 judges are available and recommended by the Judicial Commission for re-election:

  • BREMI Tobias, 2nd ordinary judge, elected 16 June 2010

Non-permanent judges with a background in technology:

  1. CLERC Natalia, elected 16 June 2010
  2. DUX Roland, elected 28 September 2011
  3. GERVASIO Giovanni, elected 16 June 2010
  4. HERREN Barbara, elected 28 September 2011
  5. KÖPF Alfred, elected 16 June 2010
  6. MÜLLER Christoph, elected 16 June 2010
  7. MÜLLER Markus A., elected 16 June 2010
  8. RIGLING Peter D., elected 16 June 2010
  9. ROLAND André, elected 16 June 2010
  10. ROSHARDT Werner, elected 16 June 2010
  11. RÜEDI Regula, elected 28 September 2011
  12. RÜFENACHT Philipp, elected 16 June 2010
  13. SAAM Christophe, elected 16 June 2010
  14. SCHÖLLHORN SAVARY Andreas, elected 17 June 2015
  15. SCHNYDER Frank, elected 16 June 2010
  16. SPERRLE Martin, elected 17 June 2015
  17. SPILLMANN Hannes, elected 17 June 2015
  18. STOCKER Kurt, elected 16 June 2010
  19. SUTTER Kurt, elected 16 June 2010
  20. VOGEL Daniel, elected 16 June 2010
  21. von BALLMOOS Prisca, elected 28 September 2011
  22. WERNER André, elected 16 June 2010
  23. ZARDI Marco, elected 16 June 2010

Four technical judges are not available for re-election, i.e.

  • Timothy HOLMAN
  • Emanuel JELSCH
  • Hanny KJELLSA-BERGER
  • Herbert LAEDERACH

The following non-permanent judges with a background in law are recommended for re-election (all elected 16 June 2010 for the first time):

  1. ALDER Daniel
  2. DUCOR Philippe
  3. GASSER Christoph
  4. HILTI Christian
  5. HOLZER Simon
  6. KRAUS Daniel
  7. LEGLER Thomas
  8. RENTSCH Rudolf A.
  9. SCHLOSSER Ralph
  10. WILLI Christoph

Only Mark SCHWEIZER is missing on this list of non-permanent judges with a background in law: He is president-elect of the Federal Patent Court; see this Blog here.

Thus, five positions of non-permanent judges (one in law and four in technology) had to be staffed anyway. But the Judicial Commission now proposes for election three non-permanent judges with a background in law, two with a background in technology (see this Blog here) and is seeking two additional non-permanent judges with a background in chemistry to be elected at a later stage (see this Blog here). The pool of judges will thus get bigger. Why is that?

Well, the number of non-permanent judges is not fixed by law. Art. 8(2) PatCA only requires the following:

The Federal Patent Court is composed of two permanent judges and a sufficient number of non-permanent judges. The majority of non-permanent judges must possess technical training.

The Judicial Commission aims to make sure that the FPC has sufficient personnel to staff its benches of judges. Mark SCHWEIZER will need to step back for reasons of potential conflicts of interests for some time anyway, and two of the three proposed non-permanent judges with a background in law are working for law firms which are currently involved in a lot of pending cases before the FPC, either. Proposing three non-permanent judges with a background in law is thus to safeguard a ‘sufficient number of non-permanent judges’.

Reported by Martin WILMING

THE JUDICIAL COMMISSION’S REPORT

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Proposed non-permanent judges

As noted earlier on this Blog here, the Judicial Committee has recently been seeking

  • one non-permanent judge with a background in law; and
  • four non-permanent judges with a background in chemistry or mechanical engineering.

A press release has been published by the Judicial Committee yesterday, setting out the proposal to the parliament for election on 27 September 2017.

Candidates for the position(s) as non-permanent judge(s) with a background in law are:

It remains to be seen whether all three candidates will be elected, or just one of them according to the initial job posting.

As per today, the candidates for the positions as non-permanent judges with a background in technology are:

The Judicial Committee is currently still seeking two further non-permanent judges with a background in chemistry; see this Blog here.

Reported by Martin WILMING

PRESS RELEASE

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Elections, part 2: Non-permanent judges wanted

Now that Mark Schweizer has been elected new President of the FPC as of 1 January 2018, two further job advertisements for non-permanent judges have been published: The Judicial Committee is seeking

Apparently, the pool of the 38 non-permanent judges will not change dramatically.

Applications are expected by no later than July 12, 2017. The new judges will be elected during the autumn session of the Swiss parliament. The floor is yours …

Reported by Martin WILMING

JOB ADVERTISEMENT (TECHNOLOGY)

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JOB ADVERTISEMENT (LAW)

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Mark Schweizer now president-elect of the Federal Patent Court

As noted earlier on this Blog here, the Judicial Committee had proposed Mark Schweizer for election as new President of the Federal Patent Court.

Time flies: The United Federal Assembly has elected Mark Schweizer on June 14, 2017, with 184 of 187 votes; see the provisional version of the Official Bulletin below.

I trust he will have a knack for heading the FPC during the next term. Congrats, Mark!

Reported by Martin WILMING

(Header image of the Bundeshaus by Flooffy [CC BY 2.0], via Wikimedia Commons)

OFFICIAL BULLETION (PROVISIONAL)

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Mark Schweizer heading for presidency

As noted earlier on this Blog here, the new President of the Federal Patent Court will be elected later this year. The Judicial Committee has evaluated the candidates and proposes to the United Federal Assembly for election: Mark Schweizer.

Mark is very active and of high renown in the field of IP. He is not only part time judge at the FPC, but he is also Senior Partner with Meyerlustenberger | Lachenal and appears frequently before this court. On the flipside, this could mean that Mark might need to recuse himself in some cases in view of potential conflicts of interests in the first year. But this will only be an interim issue, if at all.

Reported by Martin WILMING

NOTE OF THE JUDICIAL COMMITTEE

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