Doctrine of equivalents allowed in the UK
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
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