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The practical significance of Eli Lilly v Actavis

Kingsley Egbuonu, London


UK patent practitioners are in agreement that the UK Supreme Court’s decision in Eli Lilly v Actavis introduced the doctrine of equivalents into UK patent law, but there seems to be some doubt as to whether it also introduced a general doctrine of prosecution history estoppel. Kingsley Egbuonu analyses the decision and its impact on law and practice in the UK

The test for assessing equivalents in the UK changed on July 12 2017 when the Supreme Court (successor to the House of Lords) handed down its judgment in the protracted patent dispute between Eli Lilly and Actavis....


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