Swiss Federal Patent Court rules in favour of Avonisys AG in all relevant aspects and convicts Synova SA under the unfair competition act:
- Swiss Federal Patent Court confirms: no infringement of Synova’s CH/EP 1833636 H1 (partial renunciation of EP1833636B1 in Switzerland)
- Synova is convicted under the unfair competition act (UWG)
- Synova has to cover 80% of the costs of the court case
With its verdict released on March 31, 2021, the Swiss Federal Patent Court concluded that Avonisys’ patented Air-Jet technology does not infringe Synova’s CH/EP 1833636 H1. During the proceedings, Synova felt compelled to partially waive the original Swiss part of the patent in suit (EP 1833636 B1) and to substantially limit the scope of the patent claims to avoid patent invalidation following significant prior art brought up by Avonisys AG.
“We clearly appreciate the court’s decision which confirms our view that the Air-Jet feature stands in its own right and does not infringe. Our patented Air-Jet is one of the key innovations Avonisys has contributed to the waterjet laser technology, establishing a new and unmatched performance benchmark”, comments Jens Gaebelein, one of the founders and CTO of Avonisys.
Furthermore, the verdict holds that Synova violated the Unfair Competition Act (UWG) by approaching market participants with misleading information and unfounded threats relating to the infringement proceedings. The verdict demands Synova to release corrective information to every party contacted previously. Continuing such misleading activities in the future would result in fines against Synova.
“From the start in 2013, it has been Avonisys’ policy to build a solid IP base for its innovative hardware and process technology, which is underlined by more than 30 validated patents. We defend our technology vigorously against unfounded allegations. Customers around the globe value the reliability and ease-of-use of our products and appreciate to have a choice”, adds Jeroen Hribar, co-founder and CSO of Avonisys.
The verdict is subject to a 30 day recourse period for the parties and only then will be firm and final.
About Avonisys AG:
Avonisys develops, builds and sells laser systems based on its proprietary waterjet laser technology. Avonisys’ systems are designed to deliver robust performance for demanding applications while keeping operations simple and maintenance cost-effective.
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Dr. Stephan Mohren
Chairman of the Board
6300 Zug, Switzerland
Tel: +41 (0) 41 229 48 73