KCI Licensing Inc. and iothers v Smith & Nephew Plc and Others

JurisdictionEngland & Wales
JudgeLord Justice Jacob
Judgment Date18 November 2010
Neutral Citation[2010] EWCA Civ 1260
Docket NumberCase No: A3/2010/1929 & 1993
CourtCourt of Appeal (Civil Division)
Date18 November 2010
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61 cases
  • Actavis Group Ptc EHF and Another v Eli Lilly and Company
    • United Kingdom
    • Chancery Division (Patents Court)
    • 16 November 2015
    ...Licensing v Smith and Nephew [2010] EWHC 1487 (Pat); [2010] FSR 31 at [105]–[115], which were approved by the Court of Appeal at [2010] EWCA Civ 1260; [2011] FSR 8 at [6]. As would be expected, much of the following was common ground between the experts. There were, however, some import......
  • Glaxosmithkline UK Ltd v Wyeth Holdings Llc
    • United Kingdom
    • Chancery Division
    • 12 May 2016
    ...in KCI Licensing v Smith & Nephew [201] EWHC 1487 (Pat); [2010] FSR 31 at [105]–[115], which was approved by the Court of Appeal at [2010] EWCA Civ 1260; [2011] FSR 8 at [6]. 29 GSK relied on the following passage from the judgment of Sales J. in Teva v Astrazeneca (asthma) [2014] EWHC 287......
  • Regeneron Pharmaceuticals Inc. v Kymab Ltd and Another
    • United Kingdom
    • Chancery Division (Patents Court)
    • 1 February 2016
    ...out by Arnold J in KCI Licensing Inc v Smith & Nephew Plc [2010] FSR 31 at [105]–[115], which were approved by the Court of Appeal at [2011] FSR 8 at [6]. There are a significant number of disputes, and when considering each issue I will identify the area of the case to which it is releva......
  • Illumina, Inc. and Others (Claimants to case no HC-2015-001175) Illumina, Inc. and Another (Claimants in case no HP-2015-000047) v Premaitha Health Plc and Another (Defendants in case nos HC-2015-001175 HP-2015-000047)
    • United Kingdom
    • Chancery Division (Patents Court)
    • 21 November 2017
    ...in KCI Licensing v Smith & Nephew [2010] EWHC 1487 (Pat); [2010] FSR 31 at [105]–[115], which was approved by the Court of Appeal at [2010] EWCA Civ 1260; [2011] FSR 8 at [6]. 27 The parties emphasised that much of the common general knowledge was agreed. However, it did not prove easy to ......
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3 firm's commentaries
  • The Basic Of Patent Law - Revocation, Non-Infringement And Clearing The Way
    • United Kingdom
    • Mondaq UK
    • 13 April 2017
    ...are engaged in the particular art, or as the technical background of the person skilled in the art (Smith & Nephew v KCI Licensing [2010] EWCA Civ 1260). The common general knowledge may include material which the skilled addressee knows to be available online and which is generally acc......
  • IP Snapshot - December 2010
    • United Kingdom
    • Mondaq United Kingdom
    • 6 January 2011
    ...to be considered and evidence which could be served. For the full text of the decision, click here KCI Licensing v Smith & Nephew [2010] EWCA Civ 1260 The Court of Appeal has allowed some of the grounds of appeal from the High Court decision on the infringement and validity of two paten......
  • Warner-Lambert v Actavis: Supreme Court Considers Medical Use Claims
    • United Kingdom
    • Mondaq UK
    • 5 December 2018
    ...paragraphs [63], [86], [123] and [129] of the Supreme Court judgment. KCI Licensing Inc and others v Smith and Nephew plc and others [2010] EWCA Civ 1260 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your s......
1 books & journal articles
  • Management and Enforcement
    • Canada
    • Irwin Books Intellectual Property Law. Second Edition
    • 15 June 2011
    ...by the equitable assignor: KCI Licensing Inc. v. Smith & Nephew PLC , [2010] EWHC 1487 at [69]–[71] (Pat. Ct.), rev’d on other grounds [2010] EWCA Civ 1260 [ KCI ]. 68 Masterf‌ile Corp. v. World Internett Corp. (2001), 16 C.P.R. (4th) 139 (Fed. T.D.) [ Masterf‌ile ]. 69 Pecore v. Pecore , [......

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