Facts
The Fabrique des montres Vulcain et Studio SA is the owner of Swiss Patent No. 259 170 for a wrist alarm watch. This patent was registered on January 15, 1949, after the application was filed on September 27, 1943. The patent description states that the watch has a thin case bottom as an acoustic membrane and devices to effectively transmit the vibration of the membrane to the surrounding air and protect it from contact with foreign objects. The patented watch, known as the "Montre Cricket", was successfully launched on the market and copied by several companies. In two previous proceedings, the Federal Court had confirmed the validity of the patent. In 1963, the Fabrique des montres Vulcain et Studio SA sued thirteen watch companies for patent infringement. However, the Neuchâtel Cantonal Court declared the patent invalid on July 1, 1968.Considerations
The Federal Court overturns the judgment of the Cantonal Court and remands the case for a new assessment. It finds that Patent No. 259 170 represents a novel invention, contrary to the view of the Cantonal Court:
While the earlier Bapst-Falize patent from 1885/1886 could exclude the novelty of Patent No. 259 170, as it had become publicly known in Switzerland through the exhibition of the "Montre Cigale" and the publication of the American patent, the two inventions differ in essential points: While in the Bapst-Falize patent the sound membrane is mounted separately in the center of the case and protected by a perforated cover, in the "Montre Cricket" the sound membrane is simultaneously the thin case bottom and also performs the function of sealing. Furthermore, the Bapst-Falize patent does not deal with the transmission of the vibration to the surrounding air and the protection of the membrane, which is explicitly addressed in Patent No. 259 170.
The…