Assignement Lawyer Swiss: First Advise Relating to Patent Infringement

Dr. iur Sandro Orefice, LLM
Avenue 1er Mars 26 – 2000 Neuchâtel - sandro.orefice@unine.ch - +41 76 386 19 92

Doppelgänger SA
Howyadoin
Rämistrasse 5
2000 Neuchâtel                                                               Neuchâtel, 09.10.2015

First advise relating to patent infringement

Dear Mr. Howyadoin

Thank you for your interest in our law firm. On Friday, 10.08.2015 you called me in the office and gave me some first information concerning your case. Let me summaries the most important facts:

• Your company launched multi-sensorial health monitoring athletic wear called “Doppelgänger”
• For the advertisement of your athletic wear you use the slogan: “We Got You Covered“
• There is already athletic wear named “Double” on the market which uses the same multi-sensorial health monitoring technology
• The aforementioned competitor claims you infringe his patents rights
• He obliges you to withdraw all “Doppelgänger” clothes until 11.30.2015 otherwise he will take legal actions against you

Basically, you have two options. Either you withdraw all “Doppelgänger” clothes from the market as your competitor demands or you ignore your competitor’s threat and leave your athletic wear on the market.        
Without further investigations I cannot tell you which the better option for you is. Having said that, if you copied intentionally your competitor’s multi-sensorial health monitoring technology I strongly advise you to withdraw all “Doppelgänger” clothes. You will lose a possible law suit.

If you developed the multi-sensorial health monitoring technology which you use for your athletic wear on your own, there might is no encroachment of your competitor’s patent rights. We have a partner firm which carries out expert opinions of patent right infringement. They could assess whether there is an encroachment of patents. If there is no infringement of patent rights you will win a possible law case.

If there is only partly an infringement of patent rights you can ask your competitor for a dispute settlement. Depending on the degree of the infringement you have to pay your competitor up to 5 Mio CHF per year.