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. We have also had the Supreme Court’s decision in Warner-Lambert v Actavis: whilst the focus of this decision was on protection and enforcement of a second medical use patent, it has wider ramifications.
One area where there remains uncertainty is in relation to the Unified Patent Court and Unitary Patent, and the impact of Brexit. At the time of writing, we still await the decision on the constitutional challenge in the German court. Even if that it is imminent, the next steps, and specifically the UK’s involvement, will depend upon the type and timing of Brexit, and ratification by Germany.
We hope you enjoy reading this update. Do get in touch with me or your usual contact if you have any questions or comments.