The Supreme Court held that the Court of Appeal was entitled to treat the judge’s failure to appreciate the logical consequence of a particular finding as an error of principle which allowed an appellate court to carry out its own evaluation. Therefore the Court of Appeal was entitled to interfere with the trial judge’s assessment of obviousness and to hold that the 181 patent was invalid for lack of inventive step because the skilled team, during routine testing, would have been very likely to have come upon the dosage regime which is the subject matter of the patent.
Case date: 27 March 2019
Case number: [2019] UKSC 15
Court: Supreme Court of the United Kingdom
A full summary of this case has been published on Kluwer IP Law.
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