Facts
YGNIS Kessel AG owns several Swiss patents for heating boilers and methods for burning fuels. The public limited company IDAG sells heating boilers that it procures from another company. YGNIS AG filed a criminal complaint against IDAG AG and its managing directors for violation of trade secrets, unfair competition, and theft. Later, YGNIS AG also supplemented the complaint for infringement of its patents.
The High Court of the Canton of Lucerne declared the main claim I and sub-claims 1-3 as well as the main claim II and sub-claims 4-9 of Swiss Patent 355 554 null and void. YGNIS AG subsequently appealed against this judgment.
Considerations
The Federal Supreme Court states that the judicial limitation of a patent under Art. 27 PatG is not subject to a time limit, in contrast to the regulation for the partial waiver of the patent holder under Art. 24 para. 2 PatG. However, the limitation must relate to the same invention and define an embodiment that is already contained in the published patent specification or the application description.
The Federal Supreme Court concludes that the partial nullification of the patent claim I and sub-claims…