Swiss Federal Patent Court, Case No O2013_006 (7 October 2015) The Swiss Federal Patent Court partially revoked/upheld the Swiss Part of EP 0 944 937 B1 concerning a hydraulic pressing device in nullity proceedings initiated by the Swiss Von Arx AG against the patent owner, the German Gustav Klauke GmbH. The patent in suit pertains…

If foreign counterparts of a European patent have been declared invalid in five European jurisdictions and the arguments in these court decisions are substantially convincing, the prima facie invalidity of the Swiss part of the same European patent is sufficiently established for the purposes of preliminary injunction proceedings. A full summary of this case has…

Dr Catherine Chammartin was appointed as new Director General of the Swiss Federal Office of Intellectual Property last week. She will take up her position on 1 November 2015. Dr Catherine Chammartin is not an insider of the Swiss IP community. The thirty-six-year old used to work for the Swiss State Secretariat for International Financial…

By Mark Schweizer, Reinhard Oertli and Simon Holzer The Swiss lawmaker plans to introduce a new exemption from patent protection for physicians and pharmacies. The new exemptions aims to protect physicians and pharmacies from being involved in patent disputes concerning second medical use claims according to the EPC 2000 (purpose-limited product Claims). From Swiss-type claims…

Although this is a patent law blog a recently published decision of the Swiss Federal Supreme Court in an appeal against a dismissed request for a preliminary injunction in the copyright sector is worth being discussed in more detail here. It will make life harder also for petitioners who see their hopes dashed before the…

In the aftermath of the CJEU decisions Eli Lilly/Medeva and Actavis/Georgetown II, the Swiss Federal Institute of Intellectual Property proposes changes in its SPC granting practice. One hot topic in connection with the granting of SPCs concerns the question on how to define whether a product is protected by a basic patent (Art. 3 (a)…

As posted here the Swiss Federal Patent Court had to amend its Guidelines on Independence after the Swiss Federal Supreme Court had lifted a decision of the Federal Patent Court concerning the recusal of one of its non-permanent judges on 27 August 2013 in a case concerning the Nespresso coffee capsules. The revised Guidelines on…

The juxtapositon of patent limitations in national nullity proceedings and before national patent offices on the one hand and according to article 105a EPC on the other hand is a hotly debated issue not only in Switzerland. In a recently published decision of 2 June 2014 (4A_541/2013), the Swiss Federal Supreme Court had to decide –…

Earlier today, the Swiss Federal Courts (including the Swiss Federal Patent Court) published a joint press release concerning their annual reports 2013. The number of infringement and/or validity cases submitted to the Federal Patent Court in its second year of operation corresponds to the expectations. In total, 22 ordinary proceedings on the merits and 11 summary proceedings were brought…