Actavis UK Ltd and Others v Eli Lilly & Company
| Jurisdiction | England & Wales |
| Judge | Lord Justice Floyd,Kitchin LJ,Longmore LJ |
| Judgment Date | 25 June 2015 |
| Neutral Citation | [2015] EWCA Civ 555 |
| Docket Number | Case No: A3 2014 2047 |
| Court | Court of Appeal (Civil Division) |
| Date | 25 June 2015 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
18 cases
-
Jane Nicholls v Mapfre Espana Compania De Seguros Y Reaseguros SA
...40 of his judgment, Griffiths J considered Rome II and its interpretation as follows: “ 42. In Actavis UK Ltd v Eli Lilly & Co [2015] EWCA Civ 555; [2015] Bus LR 1068 (a decision overturned by the Supreme Court on other grounds at [2017] UKSC 48; [2017] Bus LR 1731) Floyd LJ (with whom Ki......
-
L'Oréal Société Anonyme v RN Ventures Ltd
...Legal principles 43 I shall apply the principles concerning normal interpretation and equivalents set out by the Supreme Court in Actavis v Eli Lilly [2017] UKSC 48, [2018] 1 All ER 171 and by the Patents Court in Mylan v Yeda [2017] EWHC 2629 (Pat) at [134] – [139], [2017] All ER (D) 30 (......
-
IPCOM GMBH & Company KG v HTC Europe Company Ltd and Others
...of construction of the claim. Since the judgment in this case, this court has considered the issue of reliance on prosecution history: [2015] EWCA Civ 555; [2015] Bus LR 1068. In that case, I drew attention at paragraphs 54 to 60 to the difficulties which flow from relying on evidence as t......
-
Generics (UK) Ltd trading as Mylan v Warner-Lambert Company LLC
...60(2) would do in circumstances where the claimed product came into existence as a result of the prescriber's actions: compare Actavis UK Ltd v Eli Lilly & Co [2015] EWCA Civ 555 at [81]–[92] (Floyd LJ). Furthermore, as discussed below, it is not necessarily the case that it is the prescri......
Request a trial to view additional results
2 firm's commentaries
-
UK Supreme Court Confirms Warner-Lambert Patent Claims Insufficient
...of Appeal's judgment on this point, albeit obiter, was consistent with its previous judgment on the same point in Actavis v Eli Lilly [2015] EWCA Civ 555. In that case, Eli Lilly's Swiss form claim concerned "pemetrexed disodium". In the ordinary course, before being administered to the pat......
-
The Basics Of Patent Law - Remedies And Costs
...across the full scope of its asserted case, the court may decline to award a declaration. For example, in Actavis v Eli Lilly [2015] EWCA Civ 555, the Court of Appeal considered that non-infringement was established regarding section 60(1) of the Patents Act (direct infringement) but not re......
2 books & journal articles
-
Cross-border litigation in England and Wales
...Transcript 19.74. (UK) Harding v. Wealands, [2006] UKHL 32 (HL).75. (England and Wales) Actavis UK Ltd and others v. Eli Lilly and Co, [2015] EWCA Civ. 555.76. (England and Wales) Actavis Group v. Eli Lilly & Co, [2012] EWHC 3316 affirmed in Actavis Group hf v. Eli Lilly &Co, [2013] EWCA Ci......
-
The Doctrine of Equivalents in Patent Law: The Impact of Actavis v Eli Lilly
...is simply a declaration by the court that ‘a proposed act would not constitute an infringement of a patent’. 54 Actavis v Eli Lilly [2015] EWCA Civ 555 [26]. 55 Actavis v Eli Lilly (n 34). 56 ibid [113]. 57 ibid [189]. 58 ibid [201]. 59 Bently and Sherman, (n 30) 637. Facts 76 valentyna che......