Applying the so-called ‘Actavis Questions’ (further to the Supreme Court decision in Actavis v Eli Lilly), the Court of Appeal reached a different conclusion from the Patents Court on the issue of infringement. However, as the Court of Appeal upheld the first instance Court’s decision that the patent was invalid, this ultimately did not change the effect of the first instance judgment.

Case date: 10 October 2018
Case number: [2018] EWCA Civ 2219
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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