The overriding objective of the court system according to the civil procedure rules is that the court is able to deal with cases justly and at proportionate cost. It has long been a concern that justice might be denied to small entities pursuing patent claims because...
Facts and History On the face of it, the Eli Lilly v Actavis case seems straightforward. Eli Lilly is the proprietor of European patent No. 1313508 which claims:- “Use of pemetrexed disodium in the manufacture of a medicament for use in combination therapy for...
Background According to Article 3(a) of the SPC Regulation (European Parliament and Council Regulation 469/2009/EC of 6 May 2009 concerning the supplementary protection certificate for medicinal products) an SPC shall be granted for a medicinal product if the product...
Background For more information on Arrow Declarations, please read Part I and Part II of this series of articles. In September 2016, Mr Justice Arnold refused to strike out Fujifilm’s request for an Arrow Declaration, at the request of AbbVie, based on bad faith...
Background Arrow Declarations are declarations regarding the validity of subject-matter (rather than specific patents) and provide accused infringers of legal certainty that their proposed activities will not fall within the scope of any valid patent that may be...
Changes effective 1 October 2016 Notification of intention to grant The UKIPO is to issue advance notification of grant in order to allow patent applicants the opportunity to file a divisional application without the need to recourse to the current practice of...
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