Case No. O2022_011 | Hearing of 4 June / 10 June 2024 | ‘Profiling’
The FPC has updated the list of forthcoming public hearing yesterday — not with just one announcement, but two. For one and the same case. I believe this will be the first two-day hearing at the FPC. Interestingly, the hearing will not be held on two consecutive days. There will be a break of five days in between. On Tue, 4 June 2024, the FPC will only hear witnesses and parties. The closing arguments are scheduled for Mon, 10 June 2024.
The case is about an ownership / assignment dispute. According to the patent registers, the plaintiff and defendant 1 are co-inventors of the patent applications in suit; defendant 2 is the registered applicant.
The plaintiff requests the transfer of the rights to the Swiss patent application CH 01571/2018 (CH 715893 A2) and the patent applications EP 3 897 388, US 2022/0067353 A1 and CA 3 122 729 A1 to the so-called simple partnership (Art. 530 CO) consisting of the plaintiff and defendant 1. In the alternative, defendants 1 and 2 should be obliged to pay the plaintiff an amount of at least kCHF 225 under joint and several liability. The defendants request that the action be dismissed.
From a quick check of the patent registers, I understand that the European patent has already been granted a few days ago, on 1 May 2024. EPO proceedings had not been stayed under R. 14 EPC in view of the ownership dispute. The USPTO issued a Notice of Allowability on 1 May 2024, too. But the patent has not yet been issued; inter alia, the oath/declaration of the plaintiff is still missing. I further understand that the patent family comprises a validation of the European patent in Marocco (MA54537A) and a patent application in Israel (IL283516A) — both of which are not mentioned in the announcements.
The invention is about a method for providing indicators of (in)congruence between the body language and the speech of a person, as further specified e.g. in claim 1 of EP 388 as granted:
According to PitchBook, the patent family relates to Cryfe™, a software for authenticity analysis which is run by Defendant 2.
✍ MW
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BIBLIOGRAPHY
Case No. O2022_011 | Hearing of 4 June / 10 June 2024 | ‘Profiling’
| Joanna BESSERT-NETTELBECK | ||
| ./. | ||
| (1) (2) |
Caroline MATTEUCCI CM Profiling GmbH |
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ANNOUNCEMENTS
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PATENT / APPLICATIONS IN SUIT
See Swissreg for bibliographic information
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See EPO Register and the file wrapper for further information.
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See the Patent Center and the file wrapper for further information.
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See the CIPO Register for further information.
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