Request for a declaration of non-infringement of foreign patents

Facts

Company X. AG, domiciled in Switzerland, is the holder of a European patent protected in several European countries, but not in Switzerland. Company Y. SpA, domiciled in Italy, has developed and is marketing two products (B. H and B. S) which X. AG considers to be in violation of its patent. X. AG has put Y. SpA on notice to cease the marketing of these products in the countries where the patent is protected. In response, Y. SpA has filed a request for a declaration of non-infringement of this patent with the Cantonal Court of Grisons.

Considerations

The Federal Tribunal has considered that the Cantonal Court of Grisons was competent to rule on the request for a declaration of non-infringement of X. AG's foreign patents, in accordance with the Lugano Convention. Regarding Y. SpA's interest in bringing the action, the…