Switzerland Archives - Page 6 of 6

Swiss Federal Supreme Court: Payment of Court Fees and Reimbursement of Plaintiff's Attorneys' Fees by Alleged Patent Infringer because of Defendant's Contradictory Conduct and Plaintiff's Good Faith

Simon Holzer (MLL Legal Ltd.)/July 25, 2011

The Swiss Federal Supreme Court held in a recent decision that the Swiss company Teva Pharma AG had to bear the court costs and reimburse Novartis’s attorneys’ fees in preliminary injunction proceedings because of Teva’s contradictory conduct in this case. The decision was based on the following facts: On March 16, 2010, Teva was granted…

(Compulsory) license, (Cross-border) jurisdiction, (Indirect) infringement, Account of profits, Austria, Belgium, Bulgaria, Czech Republic, Damages, Denmark, Enforcement, EPC, Estonia, European Union, Exceptions to patentability, Extent of Protection, Finland, France, Germany, Greece, Hungary, Iceland, Industrial application, Injunction, Inventive step, Ireland, Italy, Jurisdiction, Latvia, Lithuania, Netherlands, Norway, Novelty, Opposition, Poland, Portugal, Prior use right, Public prior use, Revocation, Romania, Scope of protection, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States of America, Validity

The World Patent and the World Patent Litigation System

Thomas Musmann (Rospatt Osten Pross)/May 27, 2011

Imagine: Wouldn’t it be fantastic to have one single patent which you could apply for at the WPO, the World Patent Office? A World Patent, which would be valid worldwide and which could be enforced in each single country of the world with worldwide effect? Decisions of the national local chambers of the World Patent…

Second Medical Use, Switzerland, Validity

The Swiss Federal Supreme Court Approves New Dosage Regime as Patentable Subject Matter in Swiss Type Claims under the EPC 1973

Simon Holzer (MLL Legal Ltd.)/May 27, 2011

In a very recently published decision of 4 March 2011 the Swiss Federal Supreme Court dealt with the decision of the Enlarged Board of Appeal 2/08 and approved a dosage regime for a pharmaceutical product as patentable subject matter of a Swiss type claim under the EPC 1973. According to the Supreme Court such claim…

Procedure, Switzerland

A Swiss perspective of the European Court of Justice’s Opinion of 8 March 2011

Simon Holzer (MLL Legal Ltd.)/March 12, 2011March 18, 2017

According to the European Court of Justice (ECJ) the envisaged Unified Patent Litigation System (UPLS) is not compatible with the law of the European Union. The main debate is about the influence of the ECJ in patent matters. However, the patent communities in the Member States of the European Union do not seem to be keen on extending the ECJ’s jurisdiction in patent matters and patent practitioners in EPC member states that are not members of the EU are still less.

Procedure, Switzerland

New Swiss Patent Judges Sworn In

Simon Holzer (MLL Legal Ltd.)/January 30, 2011

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.

Procedure, Switzerland

Procedural Supreme Court Decision just before the advent of new Federal Code of Civil Procedure in Switzerland

Simon Holzer (MLL Legal Ltd.)/December 29, 2010

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.