Home: Maucher Jenkins

Intellectual Property

Patents | Trade Marks | Designs

新闻与事件

新闻活动

Actavis Group HF v. Eli Lilly and Company

日期: 3 December 2012

Patents Court Decision of 27th November 2012, [2012] EWHC 3316 (Pat) On 27th November, the Patents Court handed down a ruling which could significantly affect the way litigation is conducted in Europe. Arnold J. held that a declaration of non-infringement in relation to the UK, French. German, Italian and Spanish designations of a European patent could be brought before the English Court.

 

Background

 

The case concerned Permetrexed, a cancer treatment marketed by Eli Lilly. Actavis, a multinational supplier of generic pharmaceuticals, did not challenge the validity of the European patent but sought declarations of non-infringement for each of the UK, French, German, Italian and Spanish designations. Eli Lilly did not contest the English Court's jurisdiction with regard to the UK designation, but sought a declaration that the Court does not have, or should not exercise, jurisdiction in respect of the foreign designations.

 

Decision

 

Lilly submitted that, even where there was no challenge to validity, the natural forum for determining an issue as to patent infringement was the courts of the state in which the patent was registered.

 

However, Arnold J. stated that, although there are different national approaches, these differences "are rather less now than they have been in the past. Certainly in recent years the European patent judiciary have been striving for consistency. [ ...] Certainly I do not consider that [...] that those courts are clearly or distinctly more appropriate than this Court."

 

Further, citing the Supreme Court's decision in Lucasfilm v Ainsworth, Arnold J. indicated that if claims for foreign copyright infringement were justiciable before the English Courts, then so should claims for foreign patent infringement, as patents are no different to copyrights for the purpose of justiciability.

 

Comments

 

It may be that a different decision would have been reached if the validity of the patent had been contested and it also remains to be seen whether this decision will be appealed and, if so, upheld by the Court of Appeal.

 

Nonetheless, this decision seems to have opened the way for pan-European declarations to be sought and granted.



Monday, December 3, 2012

C
本网站使用cookies。

其中一些cookies是必要的,而另一些cookies则通过分析网站的使用方式来帮助我们改善您的用户体验。有关我们使用的cookies的更多详细信息,请查看我们的隐私政策

必要的Cookies

必要的cookies可实现网站核心功能。 没有这些cookies,网站将无法正常运行。这些cookies只能通过更改浏览器选项来禁用。

分析性Cookies

分析性cookies通过收集和报告使用信息帮助我们改进网站。

x