Patent Infringement

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

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Source: Article by Kilburn & Strode LLP via

“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.”

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