Harry Winston is hunting after a patent application concerning a wristwatch with two or more cylinder
FPC Review
by Martin Wilming
1w ago
Reading time: 3 minutes Case No. S2022_007 | Judgment of 6 January 2023 | ‘Cylinder watch’ With this judgment in summary proceedings the FPC imposes a register ban in view of an entitlement / assignment action brought by Harry Winston against two defendants, i.e. Creaditive and MHM. The patent application at stake is CH 717 766. Main proceedings are co-pending at the FPC; case no. O2022_001. Harry Winston’s reputation mainly stems from the jewelry business, in particular relating to some of the most famous diamonds such as the Hope Diamond. Harry Winston meanwhile belongs to the Swatch g ..read more
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Final call for the annual FPC case-law seminar next Tue, Jan 31 in Lausanne
FPC Review
by Martin Wilming
1w ago
AROPI Hurry up, it is still possible to sign up for the 10th edition of the joint AROPI – VESPA seminar La jurisprudence suisse en matière de brevets en 2022 VESPA on Tuesday, 31 January 2023 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 in 2022, followed by a discussion. Participation is free of charge for members of AROPI or ACBSE. /MW — PROGRAM 18:15 hrs Opening 18:30 hrs Welcome / Introduction 18:40 hrs Presentation of the case ..read more
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Fireside Chat #19: Will you join me tomorrow?
FPC Review
by Martin Wilming
1w ago
Reading time: < 1 minutes LinkedIn It’s already close to the end of the month again, i.e. the next ‘Fireside Chat’ is upcoming. It will be the 19th edition already, and it will be on LinkedIn. Will you join me? Date: Wed, 25 January 2023 Time: 12:15 hrs CET Venue: LinkedIn Audio; join here My current draft list of topics is as follows: S2022_003 (Novartis ./. Swissfillon), Judgment of 3 January 2023 S2022_003 (Pelliheat ./. n/a), Order of 10 August 2022 B-2255/2021 (Newron ./. IPI), Judgment of 11 October 2022 (Re-)Election of (new) judges at the FPC for 2024-2029 ..read more
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Suspensive effect of (administrative) appeals against the grant of Swiss patents(?)
FPC Review
by Martin Wilming
2w ago
Reading time: 2 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. Lara DORIGO and Alexandra BÜHLMANN raised an issue in a recent publication that I had overlooked by now (emphasis added): [I]f the bill were to pass through without changes, a major disadvantage could be caused to applicants: Today’s opposition proceedings do not stop the enforcement of granted patents, whereas an administrative appeal has suspensive effect by default. Under the draft law, filing an appeal would thus give compe ..read more
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Lucentis biosimilar: First commercial use not (yet) imminent
FPC Review
by Martin Wilming
2w ago
Reading time: 9 minutes Case No. S2022_003 | Judgment of 3 January 2023 — WHAT YOU NEED TO KNOW Novartis requested a PI in view of Swissfillon‘s involvement in the preparation of pre-filled syringes of a biosimilar of Lucentis, i.e., Ximluci (fka Xlucane) of Stada / Xbrane. The PI request was dismissed. Swissfillon’s conduct was covered by the marketing authorization privilege. A written witness statement does not have testimonial quality under Swiss law. But it may be considered as a physical record, with free evaluation of the evidence on file.  → — The case relates to ..read more
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Would you do me a favor?
FPC Review
by Martin Wilming
3w ago
Reading time: 2 minutes As a blogger who writes about judgments of the FPC, it is quite important for me to have access to judgments as soon as possible. Sometimes, the outcome of a case is rumored long before the judgment is officially published. However, rumors do not help me much. I would like to express my gratitude to those representatives and parties who have been kind enough to send me copies of judgments before they are officially published. Having access to judgments ahead of time allows me to prepare detailed and informative blog posts that are ready to be published immediately upo ..read more
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Pelliheat repatriated its patent application
FPC Review
by Martin Wilming
3w ago
Reading time: 3 minutes Case no. S2022_001 | Order of 10 August 2022 | ‘Pelliheat; assignment’ Pelliheat logo I have reported about this case last year on this Blog here. In brief, Pelliheat aimed to undo an improper assignment to a (meanwhile former) director of Pelliheat that the EPO had registered. A register ban had been issued ex-parte, and it was maintained after the defendant was heard. I have learned from the EPO docket that the parties have settled meanwhile. The FPC has issued an order to that effect on 10 August 2022, and dismissed the proceedings. Now, who ‘won’ this case? Neither ..read more
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O2019_007 and O2020_011: The Double Lottie
FPC Review
by Martin Wilming
1M ago
Reading time: 5 minutes Case No. O2020_011 | Judgment of 2 November 2022 | ‘Gene sequencing’ DISCLOSURE NOTICE: Hepp Wenger Ryffel is involved in this matter on behalf of the Defendant, Witec. Illumina logo In first place, Illumina Cambridge had sued Latvia MGI Tech at the FPC for infringement of two patents, i.e. EP 1 530 578 B1 (cf. EPO Register and Swissreg) and EP 1 828 412 B2 (cf. EPO Register and Swissreg); case no. O2019_007. The FPC had held that both patents were valid and infringed; see this Blog here. MGI’s appeal was dismissed on the merits; see this Blog here. A little later, Il ..read more
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What does Santa call his little helpers?
FPC Review
by Martin Wilming
1M ago
Reading time: 3 minutes Oh man, is it really that late already? The end of the year is approaching. Again. Does the world spin a little faster every year? Or is it just me getting older and slower? Anyway. Maybe, it’s better not to ask a question to which I might not like the answer … Even at this time of the year, I still have a to-do list. A more joyful than the usual ones, though: The better to-do listThe DALL•E 2 me I will work my way through this one, with much pleasure! Generative AI has been a hot topic lately. Like many others, I played around with ChatGPT and DALL•E 2 over the last w ..read more
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Election of judges for the term 2024-2029
FPC Review
by Martin Wilming
1M ago
Reading time: < 1 minutes Judges at the Federal Patent Court are regularly appointed for a term of six years. The first term ran from 2012-17, the current term began in 2018 and still runs till next year. But time flies, and so the parliament already opened a dossier for the overall renewal election of judges for the term 2024-2029. You can follow this dossier (23.204) here. Your spot, maybe? The list of the current judges is available here. I am pretty sure that most of them will stand for re-election, and no doubt be re-elected. However, some won’t run for another term because of their a ..read more
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