Liability of the Foreign Manufacturer for Patent Infringement in Switzerland

Facts

Claimant A. GmbH filed a complaint against defendants B. AG (Defendant 1), C. SA (Defendant 2), and D. Corporation (Defendant 3) before the Cantonal Court of Zug, alleging that the latter infringed its patent. Defendant 3, domiciled in the United States, raised an objection to the territorial jurisdiction of the Swiss courts over it. The Cantonal Court upheld this objection and refused to consider the claim against Defendant 3. The claimant appealed this decision.

Considerations

The Federal Tribunal allowed the appeal. According to the Tribunal, even though Defendant 3 manufactured the allegedly infringing products abroad, it nevertheless participated in the infringement of the patent in Switzerland by granting Defendant 2 the right to distribute these products in Europe, including Switzerland. This facilitation of distribution in Switzerland constitutes participation in the infringing act within the meaning…