Smith-Kline & French Laboratories v Evans Medical Ltd

JurisdictionEngland & Wales
Date1989
Year1989
CourtCourt of Appeal (Civil Division)
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59 cases
  • Wimmera Industrial Minerals Pty Ltd v RGC Mineral Sands Ltd; RGC Mineral Sands Ltd v Wimmera Industrial Minerals Pty Ltd
    • Australia
    • Federal Court
    • Invalid date
  • IPCOM GMBH & Company KG v HTC Europe Company Ltd and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 February 2017
    ...amendment of a UK patent was one which, in the past, was treated as encompassing a very wide range of factors: see Smith Kline & French Laboratories v Evans Medical Ltd [1989] FSR 561 at 569 (Aldous J, as he then was). The factors which were traditionally taken into account included the tim......
  • Jonathan Adamson v Paddico (267) Ltd (1) and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 7 March 2012
    ...was a delay of eight years – there was a public interest in ensuring that patents were amended promptly: Smith Kline & French Laboratories Limited v Evans Medical Limited [1989] 1 F.S.R. 561. 37 Although the statutory context is different, there is an analogy with the planning register whic......
  • Kirin-Amgen Inc. v Transkaryotic Therapies Inc. (No.2)
    • United Kingdom
    • Chancery Division (Patents Court)
    • 21 March 2002
    ...In his judgment, Aldous LJ referred to his judgment at first instance in SmithKline & French Laboratories Limited v Evans Medical Limited [1989] FSR 561 at 569, where he had said this: "The discretion as to whether or not to allow amendment is a wide one and the cases illustrate some princi......
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3 books & journal articles
  • Intellectual Property Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2016, December 2016
    • 1 December 2016
    ...137 Cap 221, 2005 Rev Ed. 138 See Trek Technology (Singapore Pte Ltd v FE Global Electronics Pte Ltd [2005] 3 SLR(R) 389 at [52]. 139 [1989] FSR 561 at 569. 140 Cap 176, 1985 Rev Ed. 141 Warner-Lambert Co LLC v Novartis (Singapore) Pte Ltd [2016] 4 SLR 252. 142 [2015] 4 SLR 781 at [19]. 143......
  • Intellectual Property Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2017, December 2017
    • 1 December 2017
    ...Co LLC v Novartis (Singapore) Pte Ltd [2017] 2 SLR 707 at [34]–[35]. 121 Smith Kline & French Laboratories Ltd v Evans Medical Ltd [1989] FSR 561 at 569, applied by the Singapore Court of Appeal in FE Global Electronics Pte Ltd v Trek Technology (Singapore) Pte Ltd [2006] 1 SLR(R) 874 at [2......
  • Intellectual Property Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2005, December 2005
    • 1 December 2005
    ...should exercise the discretion conferred by s 83. The English case of Smith Kline & French Laboratories Limited v Evans Medical Limited[1989] FSR 561 (‘SKF’) dealing with amendments to a patent granted under the UK Patents Act 1949 (c 87), has laid out a list of factors which the court must......

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