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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?

In Spain, the first modern attempt at developing a doctrine of equivalents was made by the Barcelona Court of Appeal (Section 15). The most elaborate test can be found in its judgment of January 17 2008 (Laboratorios Cinfa v Eli...


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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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