The final curtain for the complaint re heavy vehicle charges?

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Case No. 4A_222/2020 (Supreme Court) | Decision of 16 June 2020 on appeal against O2017_025 | Order of 10 March 2020

This case pops up once in a while. We had reported about it already on this Blog here and here. It relates to a method and system carried out / installed in Switzerland for collecting the heavy vehicle charges. In brief, the plaintiff had been granted legal aid for preparing and filing an infringement complaint. After the first exchange of briefs, the judge-rapporteur had prepared an expert opinion re validity of the patent-in-suit — which did not play out favourable. Accordingly, the FPC withdrew the legal aid for the further course of the proceedings:

with order of 10 March 2020, in view of the likelihood of invalidity and because claims for monetary compensation have become invalid anyhow.

The plaintiff / patentee now has to submit the completed reply on his own costs, pay advance court fees of CHF 20’000,– and yet further CHF 50’000,– as security for party compensation. The Supreme Court did not even consider plaintiff’s appeal, for lack of sufficient reasoning. It remains to be seen whether this case will go on, or whether this is the end. Stay tuned.

Reported by Martin WILMING


Case No. 4A_222/2020 (Supreme Court) | Decision of 16 June 2020 on appeal against O2017_025 | Order of 10 March 2020

n/a (Appellant / Plaintiff)
1. B. GmbH (Defendant)
2. C. SA (Defendant)
3. Swiss Confederation (Respondent / Notified Party)

Panel of Judges:

    • Dr. Christina KISS

Court Clerk:

    • Dr. Matthias LEEMANN

Representative(s) of Plaintiff:

    • n/a

Representative(s) of B. GmbH:

Representative(s) of C. SA:

    • Dr. Peter K. Neuenschwander (SN&P)

Representative(s) of the Swiss Confederation:

    • Peter WIDMER (FMP)
    • Dr. Cyrill RIEDER (FMP)

→ appeal against FPC order denying (further) legal aid
Case no.: 4A_222/2020
Decision of: 16 June 2020

→ denying (further) legal aid
Case no.: O2017_025
Order of: 10 March 2020
The order is unpublished. Unfortunately.


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