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Dr Christoph Willi, LL.M.

Partner

Portrait ofChristoph Willi

Dr Christoph Willi, LL.M.

Partner

Contact
CMS von Erlach Partners Ltd
Dreikönigstrasse 7
P.O. Box
8022 Zurich
Switzerland
Languages German, English, Italian, French

Christoph Willi's practice focuses on advising companies that provide medical services or manufacture and distribute medical products and medical devices in Switzerland. He is an elected, part-time judge at the Federal Patent Court.

Due to his long-standing experience in advising medical service providers, Christoph Willi is very familiar with the specifics of the highly regulated Swiss healthcare system. His in-depth knowledge of the industry allows him to develop tailor-made solutions for companies operating in the healthcare and medical sector, thereby giving his clients a competitive advantage.

Christoph Willi represents his clients before all authorities and courts in Switzerland. He uses the experience he gained as a part-time judge at the Federal Patent Court in his advocacy work for the companies he advises.

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Relevant experience

  • Representation of pharmaceutical manufacturers in appeal proceedings before the Federal Supreme Court and the Federal Administrative Court concerning the inclusion of medicinal products in the list of specialities and the periodic review of the conditions for inclusion.
  • Representation of Teva Pharma Schweiz AG in patent infringement proceedings before the Federal Patent Court concerning the manufacture and distribution of drospirenone.
  • Representation of Gilead Pharmaset LLC in patent litigation before the Federal Patent Court concerning eligibility and invalidity of a combination patent for a hepatitis C compound.
  • Representation of manufacturers of inhalation devices in appeal proceedings before the Federal Administrative Court concerning adjustment of the list of medicinal products and medical devices (MiGeL).
  • Representation of a medicinal product manufacturer in proceedings before Swissmedic concerning the protection of first notifications.
  • Representation of medical suppliers in cantonal administrative proceedings concerning cooperation with physicians.
  • Representation of a mail-order pharmacy in a cantonal administrative procedure concerning the duties of care to be observed when prescriptions are issued by doctors.
  • Representing and advising hospital managers in criminal proceedings concerning the handling of medical devices.
  • Representation of out-patient clinics, home care service providers and dispensing centers of means and objects vis-à-vis cantonal health authorities regarding authorisation to operate at the expense of compulsory health insurance.
  • Presiding Judge at the Swiss Federal Patent Court in patent infringement proceedings between Stemcup Medical Products AG vs. Implantec GmbH and Endoprothetik Schweiz GmbH (formerly ImplanTec Schweiz GmbH) concerning the socket for an artificial hip joint. The court's decision was praised for its relevance for patent practitioners. In its ruling the court clarified the practically relevant question up to which point of the proceedings a partial waiver of the patent in suit must be taken into account as a reaction of the opinion of the judge reporter after the formal closing of the file (Judgment of 28 October 2019 in the proceedings O2016_012).
  • Associate Judge at the Swiss Federal Patent Court in an entitlement action. In its decision, the Federal Patent Court held that the plaintiff's request that he was solely entitled to a patent or a patent application also includes the claim that the plaintiff is entitled to the patent or application not only alone but also together with others. Nevertheless, the court dismissed the claim (decision of 21 March 2018 in the matter Marcel Riendeau vs. Zehnder Group International AG).
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Memberships & Roles

  • Zurich Bar Association (ZAV)
  • Swiss Bar Association (SAV)
  • Licensing Executive Society (LES)
  • Institute for the Protection of Intellectual Property (INGRES)
  • International Association for the Protection of Intellectual Property (AIPPI)
  • Swiss Forum for Communications Law (SF)
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Publications

Publications on the patenting of the second medical indication and the treatment privilege for medical practitioners; on the performance audit of medicinal products, laboratory analyses as well as means and articles; on the authorisation of medical service providers to operate at the expense of the compulsory health insurance; on tariff issues and the billing of services to the health insurance funds; on the handling of pecuniary advantages as well as on the new medical device law and the necessary adjustments.

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Lectures list

  • CMS Webinar "Ambulante Leistungserbringer: Zugang von qualifizierten Fachkräften sicherstellen, aber wie?", (together with Dr Julia Haas), 22 June 2023
  • Compliance seminars for sales representatives of manufacturers and wholesalers of medical products and medical devices
  • Compliance seminars for pharmacists and doctors on dealing with pecuniary advantages
  • Compliance seminars for Swiss authorised representatives and importers of foreign manufacturers of medical devices and the impact of the new Medical Device Regulation (MDR)
  • Workshops for medical wholesalers, medical laboratories and dispensaries on the pricing of products and services
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Education

  • 1998 - Master of Laws (LL.M.), Columbia University in New York (USA)
  • 1996 - Doctorate (Dr.iur.), University of Zurich
  • 1993 - Admitted to the bar of the Canton of Zurich
  • 1990 - Law degree (lic.iur.), University of Zurich
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Expertise

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04/10/2024
Cannabis law and legislation in Switzerland
Medical use As of 1 August 2022, the Swiss Federal Narcotics Act was amended to allow the use of cannabis for medical purposes. The amended narcotics law allows cannabis to be cultivated, processed, traded...
Expert Guide Consumer Products
30/07/2024
CMS advises Henry Schein on the acquisition of ABC Dental
CMS has comprehensively advised Henry Schein, the world's largest provider of health care solutions to office-based dental and medical practitioners, on the acquisition of ABC Dental. ABC Dental, a full-service dental distributor offering consumables, equipment, and technical service to general practitioners, specialists, and dental laboratories in Switzerland. The acquisition allows Henry Schein to further expand its presence in the Swiss market and to broaden its customer base.A CMS team led by Alain Raemy (Corporate/M&A) and Andrea Relly (Corporate/M&A) advised Henry Schein comprehensively on this transaction. Other team members included Maximilian Hauser, Anna Mast, Dr Christoph Willi, Dr Dirk Spacek and Mark Cagienard. CMS Switzer­land:Alain Raemy (Lead Partner, Corporate/M&A)Andrea Relly (Counsel, Corporate/M&A)Maximilian Hauser (Associate, Corporate/M&A)Anna Mast (Associate, Corporate/M&A)Dr Christoph Willi (Partner, Regulatory)Dr Dirk Spacek (Partner, Compliance, TMC)Mark Cagienard (Partner, Tax)
Deals
08/05/2024
Pharmaceutical advertising regulation and medical device advertising in...
1. Which laws are applicable regarding advertising of medicines and medical devices? 1.1 Medicines  The key statutes regulating advertising and promotion of medicinal products are:The Federal Act...
Expert Guide Life Sciences & Healthcare
28/03/2024
CMS advised Vista Augenpraxis & Kliniken on the acquisition of Augenzentrum...
Zurich, March 2024 | Vista Klinik Holding AG, domiciled in Binningen (Switzerland), integrated into its network Augenzentrum Muttenz-Pratteln GmbH, a renowned provider of ophthalmological services in Baselland. The eye centre operates a total of three ultra-modern sites in the municipalities of Muttenz and Pratteln with first-class medical equipment, including state-of-the-art surgery facilities (focused on intravitreal injections). Founded over 30 years ago, Vista Augenpraxen & Kliniken has become a leading centre of excellence for ophthalmology in Switzerland. With its numerous locations, Vista has a broad network of eye clinics and eye practices. At all sites, specialised ophthalmologists offer all treatments and surgical interventions relating to the eye. In this way, Vista guarantees comprehensive and lifelong care for its patients. Forward-looking research activities and the continuous training of all employees ensure quality and sustainability at all sites. A team of CMS Switzerland, led by Stefan Brunnschweiler and Franziska Hammer, advised Vista Augenpraxen & Kliniken on all legal matters of the transaction. CMS Switzer­land­Stefan Brunnschweiler, Partner, Corporate / M&AFranziska Hammer, Counsel, Corporate / M&A          Christoph Willi, Partner, Life Science & HealthcareMiryam Meile, Associate, EmploymentRafael Gruber, Attorney Trainee
Deals
18/12/2023
Digital health apps and telemedicine in Switzerland
Digital Health Apps/Software 1. How is the software within digital health apps classified in your jurisdiction, and what regulation(s) apply? 1.1 Is it considered a “medical device” or a “product”...
Expert Guide Life Sciences & Healthcare
Comparable
30/10/2023
Switzerland restricts reimbursement of orphan drugs
New rules for the reimbursement of orphan drugs and other unlisted medicines will become effective in Switzerland after 1 January 2024. In principle, only medicines on an exhaustive list (i.e. the list...
Law-Now Life Sciences & Healthcare
23/05/2023
Patent law in Switzerland: Are numeric ranges excluded from the doctrine...
When are patent claims with numbers or measurements infringed? Can competitors be held liable for patent infringement if their product has characteristics outside the claimed range? The Swiss Federal...
Law-Now Life Sciences & Healthcare
06/03/2023
Switzerland: New licensing law passed for outpatient service providers...
As of 1 January 2022, new regulations apply in Switzerland for outpatient services covered by mandatory health insurance (MHI). This affects all healthcare professionals, including doctors who wish to...
Law-Now Life Sciences & Healthcare
24/01/2023
Pricing of Medicines in Switzerland | Three-yearly price review: What are...
The Federal Office of Public Health (FOPH) reviews the price of every medicinal product that is reimbursed under the statutory health insurance in Switzerland once every three years. These products are...
Law-Now Life Sciences & Healthcare