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Courts grapple with scope of patent protection

James Nurton, London


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

How do you combine "a fair protection for the patent proprietor with a reasonable degree of legal certainty for third parties"? That is the fundamental challenge laid down by the Protocol on the Interpretation of Article 69 of the EPC,...


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