Monsanto Company v Merck & Company Inc. (No.1)
| Jurisdiction | England & Wales |
| Date | 2000 |
| Year | 2000 |
| Court | Court of Appeal (Civil Division) |
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15 cases
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Warner-Lambert Company, LLC v Actavis Group Ptc Ehf and Others
...country and in the EPO Boards of Appeal. I refer in particular to John Wyeth & Brother Ltd's Application [1985] RPC 545, 563; Monsanto & Co. v Merck & Co. Inc. [2000] RPC 77, 92–93; Actavis UK Ltd v Merck & Co. Inc. [2008] EWCA Civ 444, [2009] 1 WLR 1186 at paragraphs 27 and 75; and Case T......
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Actavis UK Ltd and Others v Eli Lilly & Company
...purposively in the light of the specification and the common general knowledge, as the Court of Appeal emphasised in Monsanto & Co v Merck & Co Inc (No. 1) [2000] R.P.C. 77. However, it seems to me that is how it would normally be understood. Moreover, the skilled person would appreciate th......
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Generics (UK) Ltd trading as Mylan v Warner-Lambert Company LLC
...from product claims): see John Wyeth & Brother Ltd's Application [1985] RPC 545, 563 (Whitford and Falconer JJ sitting en banc); Monsanto & Co v Merck & Co Inc [2000] RPC 77, 92–93 (Aldous LJ, with whom Auld LJ agreed); Actavis UK Ltd v Merck & Co Inc [2008] EWCA Civ 444, [2009] 1 WLR 1......
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Resolution Chemicals Ltd v H. Lundbeck A/s
...infringement for the reasons explained by Dillon LJ in Strix Ltd v Otter Controls Ltd [1991] FSR 354 at 357–358 and Aldous LJ in Monsanto & Co v Merck & Co [2000] RPC 77 at 126 In Eli Lilly & Co Ltd v Neopharma Ltd [2011] EWHC 1852 (Pat), [2011] FSR 43 Floyd J granted summary judgment d......
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1 firm's commentaries
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Empirical Research Inventions Allowable Generic Claim Scope
...if the patent becomes the subject of litigation. [1996] FSR 153 http://www.courtservice.gov.uk/judgmentsfiles/j455/patents_monsanto.htm, [2000] RPC 77. The following earlier UK decisions were referred to on the issue of sufficiency: British United Shoe v Simon Collier (1910) 27 RPC 567, May......