RE: Blowing of own trumpet29 Mar 2021 09:30
A relevant case with regards to Patent Protection is the land mark Equivalent ruling Actavis V Eli Lilly. In view of the UK Supreme Court's judgment in Actavis v Eli Lilly, when will an 'equivalent' infringe as an immaterial variant?
…a problem of infringement is best approached by addressing two issues, each of which is to be considered through the eyes of the notional addressee of the patent in suit, i.e. the person skilled in the relevant art. Those issues are: (i) does the variant infringe any of the claims as a matter of normal interpretation; and, if not, (ii) does the variant nonetheless infringe because it varies from the invention in a way or ways which is or are immaterial? If the answer to either issue is "yes", there is an infringement; otherwise, there is not.