Patent Protection

Dow obtains largest ever Canadian patent infringement award

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Source: Smart & Biggar/Fetherstonhaugh via International Law Office 31 July 2017

“The Federal Court has issued its further judgment and reasons (2017 FC 637) concerning the amount of financial compensation to be paid to Dow Chemical Company as a result of earlier patent infringement and validity proceedings against NOVA Chemicals Corporation (for further details please see “Dow succeeds on major issues in patent infringement profits case“).

The final award totals over C$645 million (including pre-judgment interest), which is the largest reported award in a Canadian patent infringement case.”

Source article here

 

“UK Supreme Court Overturns Existing Case Law To Broaden The Scope Of Patent Protection”

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Source: Arnold & Porter Kaye Scholer LLP, via Mondaq, 19 July 2017

“The UK Supreme Court has overturned existing case law to, for the first time, formally recognise a “doctrine of equivalents”, resulting in a broader scope of patent protection under UK law. This new approach is more patentee-friendly and brings the UK into closer alignment with courts elsewhere in Europe and in the US.

Historically the English courts have held that the wording of the claim is decisive when determining whether a patent is infringed, resulting in a relatively narrow scope of protection. The Supreme Court held that this approach placed too much weight on the words of the claim and did not provide fair protection for patent holders. Fair protection requires a broader scope of protection, extending beyond the wording of the patent claims to also cover products which are technically equivalent. In the case at hand, the Supreme Court held that Eli Lilly’s patent claims covering “pemetrexed disodium” would be infringed by Actavis’ products containing various alternative forms of pemetrexed, which did not fall within the wording of the claims, properly interpreted, but were nonetheless technically equivalent.” Read the rest of this entry »