30 May 2008
Actavis UK Ltd v Merck & Co Inc [2008] EWCA Civ 444, [2008] All ER (D) 290 (May)
The Court of Appeal is free but not bound to depart from the ratio decidendi of its own earlier decision if it is satisfied that the European Patent Office Boards of Appeal have formed a settled view of European Patent law which is inconsistent with that earlier decision. Generally this court will follow such a settled view (Lord Justice Jacob at 107).
