Two weeks ago the judges of the new Swiss Federal Patent Court convened for the first time for their swearing-in and elected the vice president of the Federal Patent Court among their ranks (Mr. Frank Schnyder). The president (Mr. Dieter Braendle) had been designated by the Federal Swiss Parliament in advance. The Judges will have to determine the new rules of procedure for patent cases pending before the future Federal Patent Court during the next few weeks. Kluwer Patent Blog will keep you posted.
In a recent decision the Federal Swiss Supreme Court reversed a decision rendered by the Civil Court of the Canton Basel-Stadt in a case between Novartis and Teva Pharma concerning Teva’s product Fluvastatin-Teva Retard because the judgment did not contain a written statement of grounds. The patent litigation community eagerly awaits the new Federal Code of Civil Procedure that will enter into force on 1 January 2011. After the harmonization of the Swiss civil procedural law, the issue of missing reasoning and statements of ground should not arise anymore.