patentlitigation.ch

By Martin Wilming

Patents can be hard to swallow. Litigation even more so. Just imagine what happens when both come together. I predigest some selected case law of the Swiss courts in patent matters in this podcast. I also cover topics from the European Patent Office (EPO) that I feel might be of broader interest. Thank you for listening. Oh, and if you like this podcast, you might also find my Blog useful: www.patentlitigation.ch

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🇨🇭 Patent Litigation // 🔥 Fireside Chat #27 // 25 October 2023

patentlitigation.chOct 27, 2023

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40:03

🇨🇭 Patent Litigation // 🔥 Fireside Chat #27 // 25 October 2023

This is a recording (audio only) of the LinkedIn Live session of Wed, 25 October 2023. It covers the following topics: 👉 Pear ./. Apple O2020_014: Judgment of 2 October 2023 👉 Novartis ./. Mepha O2021_004/5: Appeal dismissed by SC 👉 G1/22 and G2/22 Entitlement to priority 👉 Quality at the EPO Letter of the CSC of the EPO of 16 October 2023

A video of the whole session is available here:
https://youtu.be/a9l6pz9KLDg

Oct 27, 202340:03

🇨🇭 Patent Litigation // 🔥 Fireside Chat #26 // 27 September 2023

This is a recording of the LinkedIn Live session of Wed, 27 September 2023. It covers the following topics:

👉 H. Lüdi + Co. ./. Wobatech
O2021_018: Judgment of 31 August 2023

👉 C&E Fein, Robert Bosch ./. Coram Tools
O2022_002: Hearing of 14 September 2023

👉 VESPA evening seminar: Case-law of the Swiss FPC
14 September 2023 in Zurich, w Tobias Bremi

👉 Election of Judges at the FPC

Sep 27, 202333:21

🇨🇭 Patent Litigation // 🔥 Fireside Chat #25 (at lunchtime) // 30 August 2023

This is a recording of the LinkedIn Live session of Wed, 30 August 2023.

This episode covers the following:
👉 𝗞𝗼𝗻𝗶𝗻𝗸𝗹𝗶𝗷𝗸𝗲 𝗗𝗼𝘂𝘄𝗲 𝗘𝗴𝗯𝗲𝗿𝘁𝘀 ./. 𝗗𝗲𝗹𝗶𝗰𝗮
S2022_009: Judgment of 19 July 2023
https://lnkd.in/etAq8_Wh

👉 𝗕𝗮𝘆𝗲𝗿 ./. 𝗔𝗰𝗶𝗻𝗼
S2023_006: Judgment of 25 July 2023
https://lnkd.in/etKaXeQR

👉 𝗺𝘆𝗦𝘁𝗿𝗼𝗺𝗲𝗿 ./. 𝗥𝗲𝘃𝗼𝗹𝘁 𝗭𝘆𝗰𝗹𝗶𝗻𝗴
S2023_002: Order of 8 June 2023 and Judgment of 10 July 2023
Order: https://lnkd.in/ekbddbwa
Judgment: https://lnkd.in/enxXqTcw
Background information: https://lnkd.in/eEMjRa_g

👉 𝗡𝗲𝘀𝘁𝗹𝗲́ ./. 𝗞-𝗳𝗲𝗲 𝗦𝘆𝘀𝘁𝗲𝗺
O2022_003: Judgment of 2 August 2023
https://lnkd.in/ezhsUwQy

👉 𝗖&𝗘 𝗙𝗲𝗶𝗻, 𝗕𝗼𝘀𝗰𝗵 ./. 𝗖𝗼𝗿𝗮𝗺 𝗧𝗼𝗼𝗹𝘀
O2022_002: Hearing of 14 September 2023
https://lnkd.in/eK_dqq6N

Aug 30, 202333:51

🇨🇭 Patent Litigation // 🔥 Fireside Chat #24 (at lunchtime) // 26 July 2023 // audio only

This is an audio recording of a LinkedIn Live session of 26 July 2023. It covers the following:
👉 𝗔𝗴𝗿𝗼 ./. 𝗠𝗼𝗿𝗮𝗰𝗵-𝗧𝗲𝗰𝗵𝗻𝗶𝗸
O2021_012, Judgment of 25 May 2023:
https://lnkd.in/eBdhPKYX
👉 𝗚𝗿𝗲𝘂𝗯𝗲𝗹 𝗙𝗼𝗿𝘀𝗲𝘆 ./. 𝗣𝘂𝗿𝗻𝗲𝗹𝗹
O2021_008 / O2021_016, Hearing of 31 May 2023
👉 𝗨𝗹𝘁𝗿𝗮𝘀𝘂𝗻 ./. 𝗦𝘁𝗮𝗱𝗮
O2021_009 / O2021_010, Judgment of 6 June 2023
https://lnkd.in/eAzwFzSF
👉 𝗤𝘂𝗮𝗹𝗶𝘁𝘆 𝗮𝘁 𝘁𝗵𝗲 𝗘𝗣𝗢
Background: https://lnkd.in/esWa9fw7

A video recording is available here:

https://www.linkedin.com/video/live/urn:li:ugcPost:7089911301610582017/

Jul 26, 202324:59

🇨🇭 Patent Litigation // 🔥 Fireside Chat #23 (at lunchtime) // 31 May 2023

This is a recording of the LinkedIn Audio event of 31 May 2023.

(The LinkedIn live session had some audio transmission issues, but this recording is fine.)

The following topics are covered in this episode:

👉 𝗦𝟮𝟬𝟮𝟯_𝟬𝟬𝟭
Imholz GmbH ./. Emil Gisler AG
Order of 15 Feb 2023, Judgment of 11 Apr 2023
👉 𝗢𝟮𝟬𝟮𝟭_𝟬𝟬𝟰, 𝗢𝟮𝟬𝟮𝟭_𝟬𝟬𝟱
Mepha Pharma AG ./. Novartis AG
Judgment of 5 Apr 2023
👉 𝗢𝟮𝟬𝟮𝟭_𝟬𝟬𝟲, 𝗢𝟮𝟬𝟮𝟭_𝟬𝟭𝟱
K-fee System GmbH ./. Nestlé Nespresso SA
Judgment of 11 May 2023
👉 𝗢𝘂𝘁𝗹𝗼𝗼𝗸: 𝗛𝗲𝗮𝗿𝗶𝗻𝗴𝘀 in June

May 31, 202326:39

🇨🇭 Patent Litigation // 🔥 Fireside Chat #22 (at lunchtime) // 26 April 2023

This is a recording of the LinkedIn Audio event of 26 April 2023.

The following topics are covered in this episode:

👉 S2022_010
Merck Sharp & Dohme ./. Spirig HealthCare
Order of 16 Jan 2023, Judgment of 27 March 2023
👉 O2020_006
Rotho Kunststoff ./. Keter Plastic
Judgment of 5 April 2023
👉 O2021_009, O2021_010
Ultrasun ./. STADA Arzneimittel
Hearing of 17 April 2023 👉 S2023_001

Imholz ./. Emil Gisler AG Maschinenbau und Hydraulik

Order of 15 February 2023, Judgment of 11 April 2023

👉 Outlook for next month

- Judgment of the SC re O2020_017

- Judgment of the FPC re DoE in case of numerical ranges

Apr 26, 202316:40

🇨🇭 Patent Litigation // 🔥 Fireside Chat #21 (at lunchtime)

This is a recording of the Fireside Chat of 29 March 2023, 12:15 hrs CEST.

(If you want to join us live next time: I am always aiming for the last Wednesday of a months, over lunch 12:15-12:45 hrs CE(S)T. I will share the invite and the draft agenda over LinkedIn; let's connect there: https://www.linkedin.com/in/mwilming/.)

The following topics are covered in this episode:

👉 O2021_006, O2021_015
K-Fee System ./. Nestlé Nespresso
News from the hearing of 22 March 2023

👉 O2021_009, O2021_010
Ultrasun ./. STADA Arzneimittel
Forthcoming hearing of 17 April 2023

👉 O2021_013
Flexous ./. LVMH Swiss Manufactures
Forthcoming hearing of 27 April 2023

👉 G 2/21 (Plausibility)
Decision of 23 March 2023: Where do we go from there?

👉 Update: The "dossier" ('Aktenheft') of a patent application; Art. 65 PatA.

Mar 29, 202327:30

Swiss Patent Litigation // 🔥 Fireside Chat #20 (at lunchtime) // 1 March 2023

This is an audio recording of the LinkedIn Live session of 1 March 2023 (I started the recording a little late, but nothing essential is missing). It covers the following topics:

👉 S2022_007
Harry Winston ./. Creaditive et al.
Judgment of 6 January 2023

👉 O2021_006, O2021_015
K-Fee System ./. Nestlé Nespresso
State of play; forthcoming hearing of 22 March 2023

👉 PatA revision: Yet another bug?
(No) File inspection by third parties in appeals against the grant?

👉 The "dossier" ('Aktenheft') of a patent application; Art. 65 PatA

Mar 01, 202324:09

Swiss Patent Litigation // 🔥 Fireside Chat #16 (at lunchtime)

This is a recording of the LinkedIn Audio session of 27 July 2022 (without the follow-up discussions with the audience). The following topics are covered:

1️⃣ S2022_001 (register ban in entitlement proceedings)

2️⃣ 4A_41/2022 (on appeal against O2020_002; JDE ./. Delica)

3️⃣ 4A_11/2022 (on appeal against O2019_007; MGI ./. Illumina)

4️⃣ Ulrich Meyer's recent guest comment in the NZZ Neue Zürcher Zeitung, https://lnkd.in/eKh7Dxx9

Jul 27, 202215:32

Swiss Patent Litigation // 🔥 Fireside Chat #15 (at lunchtime)

This is an audio recording of the LinkedIn Live session of 29 June 2022. The following topics are covered:

👉S2022_002
Novartis ./. Mepha Pharma
Order of 2 June 2022: ‘Fingolimod 0.5 mg’

👉O2020_004 (the aftermath)
yodoba AG ./. Swisscom (Schweiz) AG
Rumour has it …

👉INGRES
Some take-aways from the event of 23 June 2022

Jun 29, 202233:31

Swiss Patent Litigation // 🔥 Fireside Chat #14 (at lunchtime)

This is an audio recording of the LinkedIn Live session of 1 June 2022. It covers the following topics:

👉S2022_001
Pelliheat AG ./. Hans SCHÄREN
Judgment of 2 March 2022: 'Register ban'

👉O2020_004
yodoba AG ./. Swisscom (Schweiz) AG
Judgment of 22 March 2022: 'Swisscom TV 2.0'

👉S2021_006
Bayer HealthCare LLC ./. Helvepharm AG
Judgment of 26 April 2022: 'Sorafenib tosylate'

👉The FPC's 10th Anniversary
Symposium of 6 May 2022: A quick recap

👉Art. 84 EPC
Claims shall «be supported by the description» ...

Jun 01, 202231:34

Computer-implemented simulation at the EPO: G 1/19 in a nutshell

Decision G 1/19 of the Enlarged Board of Appeal has been published on 10 March 2021. The decision is not only of relevance for computer-implemented simulations, but rather for all kinds of mixed inventions. G 1/19 carves the COMVIK approach (T 641/00) in stone - and stops short of saying that the former lead case in the field of computer-implemented simulation, T 1227/05 (Infineon), came to the wrong conclusion.

Mar 16, 202103:31