MLL successfully represented Swisscom (Schweiz) AG in a patent infringement claim against the set-top-boxes of Swisscom TV

MLL’s patent team successfully represented Swisscom (Schweiz) AG in a patent infringement claim of a non-practicing entity directed at Swisscom’s product “Swisscom TV 2.0”, in particular the technology that allows specific parts of programs to be selected and reviewed after the broadcast.

The Swiss Federal Patent Court (Dr. iur. Mark Schweizer; Dipl. El.-Ing. ETH, MSc. C.S. (Computer Science) Daniel Vogel and Dipl. El.-Ing. ETH, MSBME Peter Rigling) considered the patent of the NPE to be invalid on the basis of a squeeze argument, because the patent claims would either have been inadmissibly amended in the sense of Art. 123(2) EPC or otherwise would have been anticipated by the prior art in a novelty destroying manner. The court did not have to consider Swisscom’s other defense arguments.

MLL cooperated in this matter with the patent attorneys Kurt Sutter and Martin Toleti from Blum and the former head of Swisscom’s patent department Chris Fischer.

The contact persons at MLL in this matter are MLL’s head of technical IP Simon Holzer and senior associate Louisa Galbraith.

The decision of the Swiss Federal Patent Court can be found here (in German only, the deadline for filing appeal is still running).

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