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A Year in Patents - 2018

A Year in Patents - 2018

Editor's Note

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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

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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.

FRAND

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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.

Supplementary Protection Certificates

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Supplementary Protection Certificates

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

Brexit and Patents

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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

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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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