Reading time: 6 minutes Case No. O2022_011 | Hearing of 4 June / 10 June 2024 | ‘Profiling’ The case is about an ownership / assignment dispute. Witnesses and the parties have already been heard on Tue, 4 June 2024 (I could not make it on that day). But today was another chance to catch a glimpse of this case, i.e. on the second day of this first-ever two-day hearing at the FPC when the parties gave their closing arguments. Plaintiff requests the transfer of the rights to the Swiss patent application CH 01571/2018 (CH 715893 A2) and the patent applications EP 3 897 388, US 2022/0067353 A ..read more

Reading time: 3 minutes Case No. O2022_011 | Hearing of 4 June / 10 June 2024 | ‘Profiling’ The FPC has updated the list of forthcoming public hearing yesterday — not with just one announcement, but two. For one and the same case. I believe this will be the first two-day hearing at the FPC. Interestingly, the hearing will not be held on two consecutive days. There will be a break of five days in between. On Tue, 4 June 2024, the FPC will only hear witnesses and parties. The closing arguments are scheduled for Mon, 10 June 2024. The case is about an ownership / assignment dispute. According to ..read more

vespa.swiss This VESPA evening seminar does not specifically pertain to patent litigation. Still, I do believe that it addresses a hot topic that will also have an impact on the contentious side of IP: The use of AI in our daily work as patent attorneys / lawyers in IP. KI in der IP Praxis — Ausgewählte Entscheide und deren Relevanz für die Patentanwaltspraxis It is a hybrid event: You can attend either online or on-site in Zurich (Haus zum Rüden) on Thu, 18 April 2024 (17:15 hrs CEST); see the detailed program below. The event is free of charge for VESPA members. Hurry up if you wish to att ..read more

Reading time: 2 minutes It’s interesting these days to follow how the UPC approaches certain procedural things. According to a recent order of the Central Division (Section Munich) a party was allowed to use slides as demonstratives at a main hearing. From a Swiss perspective, this is what we are used to have in main hearings at the FPC, too. Such slides may not introduce any new facts or substance to the case. (This goes without saying, I believe.) Notably, the Judge Rapporteur required that the number of the slides be communicated to the court at least six (6) weeks before the hearing date ..read more

The official Annual Report 2023 of the FPC has been published earlier today (12 March 2024). It comes along with an Executive Summary as follows: In the reporting year, the total number of incoming cases increased to 31 (previous year 24). There was a significant increase in the number of ordinary proceedings (20, previous year 13), while the number of summary proceedings was unchanged (11, previous year 11). Of the 21 ordinary proceedings handled by the Court, four were settled and 14 were adjudicated. Three cases were dismissed for irrelevance. Of the 11 summary proceedings handled in the ..read more

AROPI Hurry up, it is still possible to sign up for the 11th edition of the joint AROPI – VESPA seminar La jurisprudence suisse en matière de brevets en 2023 VESPA on Thursday, 8 February 2024 at the Alpha-Palmiers hotel, rue du Petit-Chêne 34, 1003 Lausanne. Ralph Schlosser and Christophe Saam will present the legal and technical aspects of the decisions rendered by the Federal Patent Court (and the Supreme Court, obviously) in 2023, followed by a discussion. Participation is free of charge for members of AROPI or VESPA. /MW — PROGRAM 18:15 hrs Opening 18:30 hrs Welcome / Introduction ..read more

Reading time: 4 minutes DISCLOSURE NOTICE: Hepp Wenger Ryffel is involved in this matter on behalf of Bioeq. Case No. O2022_004 | Hearing of 21 November 2023 | ‘Ranibizumab PFS’ Bioeq logo This is litigation between Bioeq and Novartis about (in)validity of five patents relating to Novartis’ Lucentis® (ranibizumab) in a pre-filled syringe (PFS; see Compendium), for direct application into the eye of a patient. Ranibizumab is designed to block the vascular endothelial growth factor (VEGF) that can build up in the eye. This may help reduce unhealthy swelling, leaking, and growth of blood vessel ..read more

Reading time: 6 minutes Case No. 4A_273/2023 (SC) | Judgment of 25 September 2023 on appeal against Case No. O2021_004/5 (FPC) | Judgment of 20 April 2023 | ‘Deferasirox’ DISCLOSURE NOTICE: Hepp Wenger Ryffel is involved in this matter on behalf of Mepha. deferasirox This case is about deferasirox, an iron chelating agent. It is mainly used to reduce iron overload in patients who are receiving long-term blood transfusions in the treatment of chronic anemias. The FPC has been busy with deferasirox since early 2021 in litigation between Novartis and Mepha. The crucial feature in terms of ..read more

Reading time: 4 minutes I have reported several times about the substantial revision of the Swiss Patent Act that is currently in the making; see e.g. this Blog here. Back in parliament, the Science, Education and Culture Committee (SECC) of the Council of States has now requested some changes; see the ‘Fahne’ below, p. 22-23 (available online here). The proposed changes are apparently meant to address two issues that have been raised earlier e.g. by Lara Dorigo, Alexandra Bühlmann and Thomas Legler; see here. But, unfortunately, the issues are anything but fixed. Suspensive effect of appeals ..read more

Est'd reading time: 8 mins Case No. 02020_014 | Judgment of 2 October 2023 | ‘iMessage’ Apple logo Rome wasn’t built in a day. But here it is, finally: The judgment in the case that was the longest pending in the last Annual Report of the FPC. It is an infringement case between Pear and Apple about a feature of Apple’s iMessage service that began in 2020; see this Blog here for some background information. Both patents in suit have lapsed already; EP 1 838 074 B1 and EP 1 208 687 B1. It’s all about damages for past infringement, if any. iMessage icon Putting it simple, the patents relate ..read more