Facts
[Y. AG] (the applicant) requested the Federal Patent Court to issue interim measures against [X. AG] (the opposing party) to prohibit the importation and distribution of certain contraceptives containing the active ingredient drospirenone in Switzerland. The Federal Patent Court initially issued a super-provisional order, which was later partially confirmed and partially revoked. The opposing party appealed the decision of the Federal Patent Court.Considerations
The Federal Supreme Court dismissed the appeal. It concluded that the lower court had rightly assumed that the contested medicinal product was a direct product of the patented manufacturing process. The appellant could not demonstrate any arbitrariness in the application of substantive law by…