The Supreme Court held that where judgment is given in an English court that a patent (English or European) is valid and infringed, and the patent is subsequently retrospectively revoked or amended (whether in England or at the EPO), the defendant is entitled to rely on the revocation or amendment on the enquiry as to damages.
Case date: 03 July 2013
Case number: [2013] UKSC 46
Court: Supreme Court of the United Kingdom
A full summary of this case has been published on Kluwer IP Law.
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