The Court of Appeal dismissed an appeal filed by Cubist against the Patents Court decision that one of its patents relating to antibiotic daptomycin was invalid for obviousness. The Court of Appeal was satisfied that the first instance Judge had an ample evidential basis to find the claimed invention obvious, his finding was properly reasoned and he had made no error of principle.
Case date: 18 January 2018
Case number: [2018] EWCA Civ 12
Court: Court of Appeal of England and Wales, Civil Division
A full summary of this case has been published on Kluwer IP Law.
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