The Court of Appeal overturned the Patents Court decision to strike out Glaxo Group’s (GSK’s) claim for an Arrow declaration in proceedings concerning a number of patents relating to dry powder inhaler formulations used in the treatment of respiratory diseases.  The Court of Appeal held that GSK’s claim for an Arrow declaration was sufficiently realistic…

The Court ordered a twelve month stay of the injunction granted when it found one of Boston’s patents concerning a transcatheter heart valve (THV) valid and infringed by Edwards’ medical device, in order to allow for the re-training of clinicians to use non-infringing THVs. The Court also held that, even after that stay, the injunction…

The Supreme Court concluded that it was appropriate for it to reformulate the so-called Improver (or ‘Protocol’) questions, which provide guidance as to whether a variant is immaterial where there is no literal infringement. The significant change is the introduction of hindsight into the determination of the second question: “Would it be obvious to the…

In a case concerning two divisional patents derived from the same parent application, relating to ‘transcatheter heart valves’ or THVs, the Court of Appeal upheld the High Court’s decision that one patent was invalid for lack of inventive step and the second patent was valid.  The Court of Appeal also provided guidance on cross-examination of…

In a case concerning two divisional patents derived from the same parent application relating to  ‘transcatheter heart valves’ or THVs, which can be introduced via a blood vessel, rather than through open heart surgery, the Court held one patent invalid for lack of inventive step, though had it been valid it would have been infringed….