Dismissal of the counterclaim by the company Witz and Neuffer against Eugène Weill

Facts

The general partnership Witz and Neuffer purchased ballpoint pens imported from the United States from Eugène Weill. Witz and Neuffer subsequently noted that other companies were also selling these ballpoint pens in Switzerland, which violated the exclusivity that Weill had granted them. Witz and Neuffer therefore brought a counterclaim against Weill, requesting a refund of the price paid for the ballpoint pens as well as damages, on the grounds that the ballpoint pens infringed Swiss patent no. 246 017 belonging to Henry-George Martin.

Considerations

The Federal Tribunal dismissed Witz and Neuffer's counterclaim for the following reasons: 1. Art. 67 FJA applies to disputes concerning the validity of a patent, whether this issue is raised by a principal action or a counterclaim. The Federal Tribunal can therefore examine the technical issues related to the validity of the Martin patent. 2. Regarding the exclusivity clause, the Federal Tribunal considers that Witz and Neuffer waived its application before June 7, 1947, the date of the first delivery. The exclusivity was therefore not violated. 3. As for the alleged…