Demian Stauber, Christian Hilti and Fabio Versolatto of Rentsch Partner obtained for their client, Stemcup AG, a decision from the Federal Patent Court (FPC), which will be highly regarded and discussed in the Swiss patent litigation community

According to this decision, a limitation of the patent claims before the Swiss PTO may still be introduced into the legal proceedings after the technical judge has rendered his expert opinion. Such a limitation is a new fact and, therefore, admissible, which must be taken into consideration in the pending proceedings.  However, it was important, in the view of the FPC, that the limitation of the claims did neither require any change of the legal claims filed in the infringement action, nor was any change of the factual arguments needed. The judgment is not yet final.