“What patent attorneys and examiners need to know about the UK’s, and perhaps Europe’s, biggest infringement case for 12 years.”

Posted on

Source: Article by Kilburn & Strode LLP via mondaq.com

“With the recent decision in Actavis v Eli Lilly Lord Neuberger has rethought, and rewritten, the rules of infringement.

This is an important decision, and it is useful to consider its impact not just on litigators, but prosecutors, drafters and even examiners.

Current best practice may not have changed too much, but every interaction with the patent office now carries just a little more weight, and the ‘how would a judge read this’ test needs to become second nature when formulating a response.

At the broader level, it feels like a welcome clarification or confirmation of a practical application of the infringement determination tests, despite the extra pressure on patent attorneys.

We will wait to see if this more ‘pragmatic’ approach develops not just in the UK but across Europe, and turns out to be as significant as it looks.”

Source article here

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s