15 Nov 2017
A summary of the Supreme Court's landmark judgment in Actavis v Eli Lilly which marks a change of direction for English law on patent infringement.
The Supreme Court's landmark judgment in the case of Actavis v Eli Lilly is a change of direction for the English law on patent infringement. It rewrites the existing infringement test and longstanding Improver/Protocol questions. In doing so it has adopted a doctrine of equivalents into the English approach. In our briefing, we examine the new two-step infringement test and consider how this approach, which focusses on immaterial variants, will impact patentees and defendants. We also review the Supreme Court's judgment on the use of a patent's prosecution history as an aid to interpreting a patent and the practical significance this will have for patentees during the prosecution stage of a patent and on future conduct of patent litigation.
This material is provided for general information only. It does not constitute legal or other professional advice.
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