The High Court considers the doctrine of equivalents in the context of patent infringement and novelty

The High Court in Generics (U.K.) v Yeda Research has considered the correct approach to the interpretation of patent claims in light of the recent Supreme Court decision in Actavis v Eli Lilly.

This High Court decision provides early indication of some possible ramifications of the decision in Actavis in relation to the assessment of novelty, but considerable uncertainty remains.  What is clear is that Actavis represents a significant change in English patent law.

The judge also reinforced that common general knowledge will only comprise information which is proven to have been common general knowledge in the UK at the relevant date, and refused to grant an Arrow declaration on the facts of this case.

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