Swiss court limits scope of Ortovox’s avalanche rescue patent

Ortovox sued its competitor Mammut at the Unified Patent Court for infringement of its EP 3 466 498, achieving significant victories. The Düsseldorf local division not only granted a preliminary injunction against Mammut in 2023 but also issued a permanent injunction against the well-known outdoor equipment manufacturer in mid-January 2025.

As a result, Mammut cannot currently sell its Barryvox avalanche rescue devices in Austria and Germany. The UPC also upheld EP 498 as valid.

Swiss court takes different view

However, Mammut has now secured an important win in Switzerland. The Federal Patent Court in Zurich only partially upheld Ortovox’s EP 498 (case ID: O2023_012). The patent protects a method of operation and search device for avalanche victims and is valid in nine European countries, including Austria, Switzerland, and Germany.

In mid-February, the Swiss patent judges, led by presiding judge Mark Schweizer, found EP 498 invalid as granted. However, Ortovox’s first auxiliary request H1 saved the patent. As renowned Swiss patent attorney and blogger Martin Wilming writes, the Swiss patent judges interpreted a claim sub-feature more broadly and recognised a prior art document as having wider disclosure. The relevant feature concerns when the search device sends voice messages to the buried person’s device.

Nevertheless, Mammut failed to secure a declaration of non-infringement, with the Swiss patent judges rejecting this application. Both companies can appeal the judgment to the Swiss Federal Court in Lausanne.

UPC victories

Just a month earlier, Ortovox had secured a decisive victory at the Düsseldorf local division. The UPC panel, under presiding judge Ronny Thomas, permanently enjoined the Swiss outdoor equipment supplier from selling its Barryvox devices in Austria and Germany for infringing Ortovox’s EP 498 (case ID: UPC_CFI_16/2024). The court rejected Mammut’s counterclaim for revocation, though Mammut can appeal.

The earlier PI proceedings drew significant attention when the Court of Appeal upheld the first-instance PI against Mammut — the first PI to survive both UPC instances.

The dispute began when Mammut presented its new Barryvox-series avalanche rescue devices at Munich’s ISPO sports trade fair in late 2023. Ortovox believed the new model infringed EP 498 and initiated UPC proceedings.

While no lawsuits are currently pending between the parties in Switzerland, should there be a UPC appeal, Mammut will likely cite the Swiss judgment and EP 498’s restriction. The UPC appeal judges’ view on the significance of these restrictions could prove crucial.

ThomannFischer for Mammut

Basel-based patent attorney Fabian Leimgruber from ThomannFischer appears to be Mammut’s preferred advisor. He led the patent challenge in Switzerland alongside lawyer Claudia Erbsmehl, with both also involved in the UPC proceedings.

For the UPC cases, the Swiss sports outfitter relies on a Bird & Bird team led by partner Oliver Jüngst.

Walder Wyss for Ortovox

Ortovox’s team in the Swiss proceedings has no obvious connection to the UPC cases. Lawyers Markus Frick and Manuel Bigler from Walder Wyss led the Federal Patent Court proceedings. Walder Wyss is one of the largest full-service law firms in Switzerland. Patent attorney Peter Walser from Zurich-based Frei provided support.

In the UPC proceedings, Ortovox relies on lawyer Miriam Kiefer from Kather Augenstein and patent attorney Michael Siebel from IP firm Hofstetter Schurack & Partner.