1. Does the court have jurisdiction:
(a) to rule on the issue of infringement of the Swiss part of the European patent? On revocation?
(b) to rule on infringement of the unitary patent? For which territorial infringements and which types of use? On revocation of the unitary patent?
2. Does the defendant's product infringe the claimant's patent?
3. Should the patent be revoked? If so, on what grounds?
The case study focuses on infringement, so you should consider that issue before turning to revocation. If the group decides that there is no infringement, it should nevertheless examine validity (would that be necessary in practice, given that the action would in any event have to be dismissed?).
Date retrieved: 19 May 2021