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A Year in Patents - 2017

A Year in Patents - 2017

Issue 1
3610Validity and infringement update

Validity and infringement update

The most significant decision this year was that of Actavis v Lilly: the Supreme Court's re-writing of the rules relating to the scope of patent protection has already had an impact in a number of subsequent cases, with the Courts considering how to apply the decision in the context of validity.

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3615Patent Litigation and Remedies

Patent Litigation and Remedies

The Patents Court has continued to demonstrate its innovative approach to remedies, with the Courts granting the first 'FRAND injunction' this year and considering 'Arrow declarations' to deal with certain types of abusive conduct. There have also been a number of interesting decisions on points of practice.

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Of all the IP rights, Brexit has the most limited impact on the existing system of patent protection and enforcement, albeit the referendum vote (and the subsequent General Election) has led to delay and uncertainty in respect of the UK's involvement in the proposed Unitary Patent and Unified Patent Court.

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3622Supplementary Protection Certificates

Supplementary Protection Certificates

SPCs continue to fall under the spotlight. Along with the Commission's consultation on topics such as the creation of a European SPC title and the introduction of an SPC manufacturing waiver, the Patents Court has considered a number of questions of interpretation of the SPC Regulation.

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