Facts
A. AG (Plaintiff) is the owner of Patent CH 0000 "Binder". On June 17, 2002, it filed a lawsuit with the Cantonal Court of Nidwalden against B. AG (Defendant) and requested that the Defendant be prohibited, under threat of penalty under Art. 292 of the Swiss Criminal Code, from manufacturing, selling, etc. binders with certain technical features in Switzerland. The Cantonal Court did not enter into the claim, as the request for an injunction was inadmissible due to insufficient description of the object of the infringement.
The Plaintiff appealed against this judgment. The Federal Supreme Court dismissed the appeal.
Considerations
Injunction claims must be directed at prohibiting a precisely defined conduct. The obligated party must know what it is no longer allowed to do, and the enforcement or criminal authorities must know which actions they have to prevent or punish.
In particular, if the prohibition of patent-infringing acts is requested, the alleged form of infringement or implementation must be described in such a way that it can be easily determined by mere factual control…