News & Analysis as of

Patent Infringement Pharmaceutical Patents United Kingdom

A&O Shearman

AstraZeneca refused interim injunction on SPC for blockbuster diabetes treatment against Glenmark but swiftly obtains permission...

A&O Shearman on

On March 28, 2025, Michael Tappin KC, sitting as a deputy judge of the High Court, refused to grant AstraZeneca (“AZ”) an interim injunction to restrain Glenmark from launching in the U.K. a generic version of its type 2...more

Fish & Richardson

Should the Experimental Use Exception Be Broadened?

Fish & Richardson on

On June 28, 2024, the United States Patent and Trademark Office (“USPTO”) requested the public’s views on the current state of the common law experimental use exception to patent infringement and whether legislative action...more

McDermott Will & Schulte

Legal Lens on the Unified Patent Court | August 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDermott Will & Schulte

Early Adoption of the Unified Patent Court

The Unified Patent Court (UPC) opened its doors on June 1, 2023. Nineteen actions were initiated during the first six weeks, across a range of subject areas and case values. It had been widely assumed that large companies...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad -- More Pain for Warner-Lambert and Their Pregabalin Patent

The long-awaited UK Supreme Court decision concerning Warner-Lambert's Lyrica® patent was handed down in December. In summary, the Supreme Court dismissed Warner-Lambert's appeal and upheld that the patent did not...more

Jones Day

Second Medical Use Patents in Europe: Are UK and Germany Swapping Approaches?

Jones Day on

The UK Supreme Court's ruling in Warner Lambert v Actavis resulted from deliberations over the proper approach to matters relating to infringement of second medical use patent claims. The standard proposed by the UK Supreme...more

Ladas & Parry LLP

UK Supreme Court Decision In Actavis V. Eli Lilly – Doctrine Of Equivalents Recognized

Ladas & Parry LLP on

In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more

Knobbe Martens

Abbvie Inc. v. Medimmune Limited

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Dyk and Chen. Appeal from the United States District Court for the Eastern District of Virginia. Summary: A party may not seek a declaratory judgment to obtain piecemeal...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

A Seismic Shift in UK Patent Infringement Law - Actavis v. Eli Lilly

In a decision that appears to have introduced a doctrine of equivalents for the first time, the UK Supreme Court has shifted the laws on patent infringement in Actavis v. Eli Lilly UK [2017] UKSC 48. While this case...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - September 2017

Worldwide Doctrine of Equivalents and Prosecution History Estoppel - The doctrine of equivalents (DOE) arises in the context of a patent infringement action where the accused product or process does not literally infringe...more

Knobbe Martens

Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

Knobbe Martens on

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more

Dorsey & Whitney LLP

UK Supreme Court Breathes New Life to the Doctrine of Equivalents

Dorsey & Whitney LLP on

In what is perhaps the most important development in English law of the last decade in this area of interpretation of patent claims and patent infringement, the UK Supreme Court gave new life to the doctrine of equivalents in...more

WilmerHale

Actavis v. Eli Lilly1: Back to the future - The UK Supreme Court changes the test for patent infringement

WilmerHale on

The UK Supreme Court rarely hears patent cases, and will only hear cases that it considers to be fundamentally important. The court's July 12 judgment is most significant for changing the test for infringement in the United...more

Hogan Lovells

UK Supreme Court hands down landmark ruling in favour of Eli Lilly

Hogan Lovells on

Following last Friday’s (7 July 2017) unusual move of advance publication of the outcome of the case, the UK Supreme Court now published the reasons for its decision in the long-running Actavis v Eli Lilly case. The reasons...more

Hogan Lovells

Hogan Lovells Successfully Acts for Eli Lilly in UK Supreme Court Patent Ruling

Hogan Lovells on

In an unusual move, the UK Supreme Court (UKSC) has given its key conclusions in the long running Actavis v Eli Lilly case ahead of giving the full judgment. The UKSC allowed Eli Lilly’s appeal and held that Actavis’ products...more

Bryan Cave Leighton Paisner

Large ‘pay for delay’ fine imposed by CMA

On the 12th of February 2016, the UK Competition and Markets Authority (CMA) fined GlaxoSmithKline (GSK) and the successor companies to Alpharma Limited around £45m in total for breaches of Chapter I of the Competition Act...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Research Exemptions and Active Ingredient Manufacture

After a series of papers, reports and consultations on the scope of the research exemptions to patent infringement stretching over 10 years, section 60 of the Patents Act 1977 was finally amended on 1 October 2014 by the...more

Mintz - Intellectual Property Viewpoints

UK High Court confirms jurisdiction to grant cross-border declaration of non-infringement

In Actavis Group HF v. Eli Lilly & Co. the UK High Court has granted a declaration of non-infringement in the UK, France, Italy and Spain. A jurisdictional challenge in relation to the French, Italian and Spanish...more

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