Too much is too much …

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Case No. O2020_013 | Decision of 14 September 2020 | ‘Einschlagbarer Hüftgelenkprothesengrundkörper; Rückweisung’

This case has been remitted by the Supreme Court only for a decision on the apportionment of costs. For the factual background of the matter, see this Blog here.

It has been a highly interesting case that brought some clarification about how partial waiver are to be dealt with while FPC proceedings are pending (and which raises a lot of new questions). But costs have been extremely high, in particular in view of a value in dispute of only kCHF 200. Refundable costs for legal representation have been fixed at kCHF 30, according to the tariff. Defendant’s expenses for the assistance of patent attorneys amount to more than kCHF 300. On the other hand, the plaintiff had asserted expenses for the assisting patent attorneys of only kCHF 50, i.e. slightly above the tariff for legal representation, but not out of the ordinary. Accordingly, the FPC reduced the refund for the assistance of patent attorneys to only kCHF 50.

I recall a case in Dusseldorf where the judges were not amused when confronted with a value in dispute that was ‘obviously’ too low; see here. The FPC is apparently more foregiving … 😉

UPDATE 6 November 2020:

The decision has not been appealed / is final now.

Reported by Martin WILMING


Case No. O2020_013 | Decision of 14 September 2020 | ‘Einschlagbarer Hüftgelenkprothesengrundkörper; Rückweisung’

Stemcup Medical Products AG
(1) Implantec GmbH
(2) Endoprothetik Schweiz GmbH
(formerly ImplanTec Schweiz GmbH)

Panel of Judges:

    • Dr. Christoph WILLI
      • Dr. Tobias BREMI
      • Dr. Daniel ALDER
      • Frank SCHNYDER
      • Dr. Kurt SUTTER


    • Dr. Tobias BREMI

Court Clerk:

    • Susanne ANDERHALDEN

Representative(s) of Plaintiff:

    • Dr. Christian HILTI (Rentsch)
    • Dr. Demian STAUBER (Rentsch)
    • Dr. Bruno MEYER (KellerSchneider, formerly Schneider Feldmann), assisting in patent matters
    • Dr. Jens OTTOW (Rentsch), assisting in patent matters

Representative(s) of Respondent / Plaintiff :



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