Side note to "Why not take the shortcut?" The Swiss Supreme Court’s assessment of patent infringement under the doctrine of equivalence
November 17, 2016
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 the patent in suit, and the ruling of the Swiss Federal Patent Court dismissed the case by denying a literal infringement and an infringement by equivalent means (not the other way round as mentioned in my introduction). You find the amended version of the post here. I hope this helps avoid at least that you get confused.
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