A Year in Patents - 2018

A Year in Patents - 2018

Issue 2
4671Editor's Note

Editor's Note

Looking back at our previous edition, there have been a number of significant developments on matters we discussed last year, including in relation to the scope of protection of patents (following the Supreme Court’s Actavis v Lilly decision), FRAND licensing, and SPCs.

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4673Validity and infringement

Validity and infringement

In a much anticipated judgment, the Supreme Court issued its decision in Warner-Lambert v Mylan & Actavis in November 2018, focusing on how concepts of patent sufficiency and plausibility, and infringement, should be assessed in relation to second medical use patents.

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4676FRAND

FRAND

2018 saw a number of cases before the UK courts relating to standard essential patents (SEPs) and FRAND (fair, reasonable and non-discriminatory) licensing, including Unwired Planet v Huawei, Conversant v Huawei/ZTE, Philips v HTC/AsusTek and TQ Delta v Zyxel.

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4679Supplementary Protection Certificates

Supplementary Protection Certificates

Validity and enforcement of Supplementary Protection Certificates (SPCs) was another active area in 2018.

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4681Brexit and Patents

Brexit and Patents

The existing system for obtaining and enforcing European Patents will not change post-Brexit as European Patents are granted under the European Patent Convention, which is not an EU organisation.

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4683Patent Litigation and Remedies

Patent Litigation and Remedies

In recent years, the UK Patents Court has demonstrated that it is prepared to be flexible and pragmatic when considering remedies for patent infringement.

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