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Doctrine of equivalents allowed in the UK

Kingsley Egbuonu, London

The UK Supreme Court has ruled that a patentee can argue that the scope of protection afforded by its patent extends beyond the ambit of the claims. In its ruling in Eli Lilly v Actavis, the Court also provided guidance on when reference to EPO prosecution file would be appropriate in interpreting a patent in infringement cases

UK Supreme CourtThe judgment, published today, is the culmination of the court proceedings between Eli Lilly and Actavis over the patent (European patent (UK) number 1 313 508) for the use of pemetrexed disodium in the manufacture of a medicament...

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