In a recent decision (case no. 4A_142/2013), the Swiss Federal Supreme Court had to decide whether one of the non-permanent judges of the Swiss Federal Patent Court, a Swiss patent attorney, was obliged to recuse himself due to activities of one of his colleagues in his patent law firm in connection with a trademark matter…

Ex parte measures are rather difficult to obtain in patent matters in Switzerland (except from evidence-protection measures). Nevertheless, the Swiss Federal Supreme Court had the opportunity to opine on this subject in a recent decision dated 21 August 2013. Although this case will become better known because it was the first time that the first…

Earlier this year the Federal Patent Court published its annual report for the business year 2012. The report provides an overview of the businesses and procedures during the new Swiss Patent Court’s first year. The number of cases which was submitted to the Federal Patent Court in its first business year corresponded to the expectations….

In a recent decision (case no. 4A_443/2012) the Swiss Federal Supreme Court had to deal with a dispute between the German Robert Bosch GmbH, which filed suit against the Swiss Federal Confederation based on the Swiss portion of EP 0 741 373. The decision exclusively focuses on the question whether the Swiss Federal Patent Court has jurisdiction…

Ensuring the independence and integrity of its judges is crucial for every court system. After its first year of existence, the Swiss Federal Patent Court has slightly amended its Guidelines on Independence for the part-time judges of the Federal Patent Court. However, those guidelines have proven to be very useful in practice. It is interesting…

In a recent decision the new Swiss Federal Patent Court confirmed that it adheres to the case law with regard of the wording of prayers for relief in Swiss patent proceedings. Unlike in other jurisdictions, plaintiffs in Swiss patent proceedings must be very careful if they just adopt the wording from their patent claims in…

In a decision dated 14 June 2012, the Swiss Federal Patent Court granted a patent holder’s request for preliminary taking of evidence by means of the creation of a precise description of an allegedly infringing process. The Patent Court ordered that the description shall be carried out at defendant’s premises by a technically trained judge…

The numerus clausus of legally permissible pieces of evidence in the new Swiss Civil Procedure Code (CPC) – unlike in many other codes of civil procedure – does not provide for private expert opinions. Only court-appointed expert opinions are foreseen in the CPC. The question therefore arises, how the new Swiss Patent Court should deal…

The Swiss Federal Supreme Court rendered its first decision regarding the new pre-trial taking of evidence proceeding in Switzerland’s new Code of Civil Procedure Law (ZPO) and in the Swiss Patent Act (PatG). More than a few patent practitioners feared that the Federal Supreme Court would confirm the challenged decision of the Court of Commerce…

An SPC can only be granted if the product falls within the scope of protection of the basic patent. If the basic patent claims a combination of two known components (i.e.  a monoclonal antibody with a neoplastic agent), that combination is the patent’s contribution to the art. An individual component  is not equivalent to the…