Facts

Parties:

  • [A.] (Appellant, Defendant)
  • [B.] Limited (Respondent, Plaintiff)

Facts:

  • [B.] Limited is the holder of the European patents EP xxx and EP yyy, which concern modified nucleotides and methods for DNA sequencing.
  • [A.] is accused by [B.] of manufacturing, importing, and selling products that infringe the patents.
  • The lawsuit includes several injunction requests and claims for accounting and financial compensation.
  • The Federal Patent Court has partially granted the lawsuit and issued certain injunctions.

Main issues in dispute:

  • Legitimate interest and infringing acts
  • Inventive step and novelty of the patents
  • Admissibility of amendments in the patent applications
  • Allocation of litigation costs

Considerations

The lower court affirmed the legitimate interest of the respondent, as there are concrete indications of an impending infringement in Switzerland. The appellant has not been able to demonstrate any arbitrariness or violation of the law.

The inventive step of the patent in suit EP xxx was confirmed by the lower court, as the person skilled in the art would not have arrived at the solution of the patent without difficulty. The appellant was unable to demonstrate any violation of the relevant principles.

The amendments in the patent applications were considered admissible, as they were within the scope of the original disclosure. The appellant was unable to prove a…