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Cover Story

  • Courts grapple with scope of patent protection

    The Supreme Court’s decision in Actavis v Eli Lilly introduced a doctrine of equivalents and arguably also established a doctrine of prosecution history estoppel in the UK. We look at the law across Europe, and the impact the decision might have. Kingsley Egbuonu, Michael Loney and James Nurton set the scene

  • Belgium applies function-way-result test

    Philippe Campolini and Peter Blomme review the Belgian approach to equivalents and prosecution history, and discuss whether Actavis v Eli Lilly might influence future cases

  • How French courts have approached the DoE

    In Actavis v Eli Lilly, the UK Supreme Court adjudicated on the French law on patent infringement. But, asks Celine Bey, did it do so correctly?

  • Convergence between Germany and UK

    The doctrine of equivalents is well established in Germany. It’s good news that the UK courts are moving in the same direction, argues Philipp Widera

  • The slow project of patent unification

    While the UK Supreme Court’s opinion in Actavis v Eli Lilly is a step towards a more continental approach, there remain areas of divergence. Daan de Lange and Boukje van der Maazen provide a Netherlands perspective

  • Spain looks overseas for guidance on DoE

    Spain’s courts imported the old English test into their patent law. Miquel Montañá asks: now that test has changed, will they have to change too?

  • Actavis v Eli Lilly brings new questions in the UK

    Is the UK Supreme Court’s decision in Actavis v Eli Lilly a radical change to English patent law? Brian Cordery, Annsley Merelle Ward and Adrian Chew say it may not be quite as simple as that

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  • Utynam’s Heirs

    Last month Utynam attended the 31st MARQUES Annual Conference in Prague. Here are some highlights

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October 2017

Courts grapple with scope of patent protection

The Supreme Court’s decision in Actavis v Eli Lilly introduced a doctrine of equivalents and arguably also established a doctrine of prosecution history estoppel in the UK. We look at the law across Europe, and the impact the decision might have. Kingsley Egbuonu, Michael Loney and James Nurton set the scene



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