Meyerlustenberger Lachenal (MLL) acted as Swiss counsel to Hoya Surgical against Alcon, both working in the development and marketing of intraocular lenses. The patent in suit concerns a wound supported method for inserting lenses (IOLs) into the eye.
The Swiss Federal Patent Court held that Alcon, by having made changes during examination to some claim features, had violated Art. 123 (2) EPC, and revoked the Swiss and Liechtenstein part of Alcon’s European patent. The decision is not yet final.