Switzerland

SPC, Switzerland

(MLL Meyerlustenberger Lachenal Froriep Ltd.)/

The Swiss Federal Supreme Court issued a landmark decision concerning the requirements for Supplementary Protection Certificates (SPCs) for combination products. Until recently, Switzerland stood solid as a rock and defended the so-called infringement test for SPCs for combination products. The Federal Supreme Court has now ruled that while the infringement test shall still apply to…

Equivalents, Litigation, Pharma, SPC, Switzerland

(MLL Meyerlustenberger Lachenal Froriep Ltd.)/

I hope that all the readers of the Kluwer Patent Blog enjoyed a good start into a joyful, healthy and successful 2018. At the beginning of the new year it seems to be the right point in time to look back at the past year and recall the most remarkable developments and cases in Swiss…

Case Law, Switzerland

(Lenz & Staehelin)/

The “representative” registered with the Swiss Patent Register for the Swiss part of a European patent does not constitute a legal representative within the meaning of the Code of Civil Procedure. Consequently, court documents must not be served to such “representative”, but must be sent by the official channels of judicial assistance in civil matters…

Enforcement, European Union, Injunction, Scope of protection, Switzerland

(MLL Meyerlustenberger Lachenal Froriep Ltd.)/

ECC’s patent strategy not Swiss courts’ cup of tea Ethical Coffee Company (ECC) and different entities of the Nestlé group of companies have been involved in many legal disputes in various jurisdictions. The parties’ positions are normally as follows: ECC seeks access to the Nespresso coffee capsule machines for its biodegradable coffee capsules and Nestlé…

Case Law, Novelty, Procedure, Revocation, Switzerland, Validity

(MLL Meyerlustenberger Lachenal Froriep Ltd.)/

Although there is a well-known crime novel by James M. Cain saying the contrary, the postman does not always ring twice, particularly not in patent nullity proceedings when it comes to the service of the complaint under the Hague Convention. Recently, two patents were declared null and void in Switzerland. In both proceedings the revocation…

Switzerland

(Université de Genève)/

Whenever a patent holder fails to prove that the patent protection of a component, incorporated into a complex product, is not of subordinate importance to the basic functional characteristic of the good (in this case of vehicles, characterized as bringing passengers from one point to another safely), the doctrine of exhaustion applies, irrespective of where…

Equivalents, Scope of protection, Switzerland

(MLL Meyerlustenberger Lachenal Froriep Ltd.)/

In my latest Kluwer post I wrote about the confusion caused by the most recent decision of the Swiss Federal Supreme Court concerning the doctrine of equivalence. This confusion seems to have confused me as well. With respect to the background of the decision, it was actually the technical judge’s expert opinion, which affirmed an infringement of…

Equivalents, Injunction, Mechanical Engineering, Switzerland

(MLL Meyerlustenberger Lachenal Froriep Ltd.)/

In the middle of the turmoil caused by Brexit and the US elections tiny Switzerland (apropos, a country with an old democracy and some experience in implementing problematic election results as well) tries to find its way as to how to approach patent infringments by equivalent means. In a recent decision, the Swiss Supreme Court…