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A Year in Patents - 2018

Issue 2: March 2019

A Year in Patents - 2018
Editor's Note Post

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.

Validity and infringement Post

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.



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.

Brexit and Patents Post

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.

Patent Litigation and Remedies Post

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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