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Simon Holzer  (MLL Legal Ltd.)
Highlights of Swiss patent litigation in 2023: Swiss Federal Patent Court on SPC for sitagliptin and metformin
February 04, 2024

From the potpourri of decisions that the Swiss Federal Supreme Court handed down last year, I have selected one in subjective hindsight that I consider to be particularly relevant regarding further…

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Simon Holzer  (MLL Legal Ltd.) , Louisa Galbraith  (Meyerlustenberger Lachenal Ltd. (MLL))
Question of fact or law – court sheds light on longstanding issue in Swiss patent law, or doesn't it?
October 05, 2021

In a recent decision, the Swiss Federal Supreme Court – Switzerland's highest court also in patent matters – dealt with the question of whether the assessment of patent claims is fundamentally a…

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Simon Holzer  (MLL Legal Ltd.) , Ulrike Ciesla , Louisa Galbraith  (Meyerlustenberger Lachenal Ltd. (MLL))
Does Switzerland need a new patent system with a fully examined patent, utility models and opposition proceedings?
November 15, 2020

On 14 October 2020, the Swiss Federal Council published a preliminary draft of a revised version of the Swiss Patent Act (R-PatA; see current PatA). Further official documents in German/Italian/…

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Simon Holzer  (MLL Legal Ltd.)
Irreparable harm discussion awakens from its slumber in Switzerland
September 29, 2019

In most legal systems, preliminary injunctions in patent matters require the applicant to show that he would suffer an irreparable disadvantage without the approval of the requested preliminary…

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Barbara Abegg  (Lenz & Staehelin)
Patent case: Genzyme et. al. v. Salmon, Switzerland
August 08, 2019

The Federal Supreme Court confirmed the Federal Patents Court's (FPC) Decision of 12 June 2018 in which the FPC decided that article 140k of the Swiss Patent Act lists in an exhaustive manner all…

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Alexa von Uexküll  (Vossius & Partner) , Oswin Ridderbusch  (Vossius & Partner)
Paediatric extensions – Switzerland to follow suit as of January 2019
November 09, 2018

In order to provide adequate incentives for the research and development of high-quality medicinal products adapted for paediatric needs, special rewards, such as a 6-month paediatric extension of…

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Alexa von Uexküll  (Vossius & Partner) , Oswin Ridderbusch  (Vossius & Partner)
Swiss Patent Office clarifies applicability of new Medeva approach to the examination of SPCs
November 07, 2018

The Swiss Patent Office issued a brief notice regarding a change of practice in the granting of supplementary protection certificates (SPCs) as well as corresponding detailed information on 22…

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Simon Holzer  (MLL Legal Ltd.)
Exhaustive list of SPC nullity grounds according to Swiss Federal Patent Court
October 30, 2018

In a decision issued this summer, the Swiss Federal Patent Court had the opportunity to comment on the catalogue of grounds for invalidity which can be brought against a Swiss SPC. The Federal Patent…

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Simon Holzer  (MLL Legal Ltd.)
Validity of Gilead’s Swiss TRUVADA® SPC confirmed but Switzerland will move away from the “infringement test” for future SPCs for combination products
June 20, 2018

The Swiss Federal Supreme Court issued a landmark decision concerning the requirements for Supplementary Protection Certificates (SPCs) for combination products. Until recently, Switzerland stood…

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Simon Holzer  (MLL Legal Ltd.)
Things to remember about Swiss patent litigation in 2017
January 07, 2018

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…

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