Bristol-Myers Squibb Company v Baker Norton Inc.

JurisdictionEngland & Wales
CourtChancery Division (Patents Court)
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26 cases
  • Actavis UK Ltd and Others v Eli Lilly & Company
    • United Kingdom
    • Chancery Division (Patents Court)
    • 15 May 2014 9–103. The main cases where consideration has been given to the issue are Bristol Myers Squibb Co v Baker Norton Pharmaceuticals Inc [1999] RPC 253, Rohm & Haas Co v Collag Ltd [2002] FSR 28 and Kirin-Amgen (see the passage at [35] quoted above). Strictly speaking, the statements about p......
  • Actavis Ltd v Merck & Company Inc. (Costs)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 May 2008
    ...7 Swiss form claims have been long accepted in the UK, see Wyeth [1985] RPC 545 and the “BMS” case, Bristol-Myers Squibb v Baker Norton [1999] RPC 253 at [44] (Jacob J at first instance) and [2001] RPC 1 Court of Appeal (at [37] per Aldous LJ and [80–81] per Buxton LJ). For convenience we......
  • Digipos Store Solutions Group Ltd v Digi International Inc.
    • United Kingdom
    • Chancery Division
    • 12 March 2008
    ...Howe and Mr Floyd agree that there is no binding authority on this issue in English jurisprudence. In Bristol Myers Squibb v Baker Norton [1999] RPC 253 at 274–275, Jacob J pointed out the problems which would arise were file wrapper estoppel part of our law. Mr Howe argues that in Rohm & H......
  • InterPharma Pty Ltd v Hospira, Inc (No 5)
    • Australia
    • Federal Court
    • 20 June 2019
    ...Pty Ltd v Fei Yu (t/as Jewels 4 Pools) (No 2) [2013] FCA 187; 100 IPR 188 Bristol-Myers Squibb Co v Baker Norton Pharmaceuticals Inc [1999] RPC 253 Bristol-Myers Squibb Co v F H Faulding & Co Ltd [2000] FCA 316; 97 FCR 524 Britax Childcare Pty Ltd v Infa-Secure Pty Ltd (No 4) [2015] FCA 651......
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1 firm's commentaries
  • Guide On Patent Infringement Laws: A Global Perspective
    • United Kingdom
    • Mondaq UK
    • 15 November 2019
    ...(OJ 1989 L 401/57) which is further implemented by the EEC member states. In Bristol Myers Squibb v Baker Norton Pharmaceuticals [ 1999 ] RPC 253, Jacob J held that since there was no distinction between Articles 25 and 26 of the CPC and the relevant provisions of section 60, it was easier ......
1 books & journal articles
    • Singapore
    • Singapore Academy of Law Journal No. 2006, December 2006
    • 1 December 2006
    ...was not foreseeable at the time of the application or where the amendment bears only a “tangential” relation to the equivalent. 70 [1999] RPC 253 at [52]. 71 Cf practical accessibility when deciding the issue of inventive step. Contra practical accessibility when deciding the issue of novel......

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