10 July 2015
Actavis UK Ltd and others v Eli Lilly & Company [2015] EWCA Civ 555, [2015] All ER (D) 259 (Jun)
The claimant had applied for declarations of non-infringement regarding the defendant’s patent for a cancer treatment drug. The declarations were granted by a judge who found that there was no infringement. The Court of Appeal allowed the appeal on the ground that the judge had erred in assuming that the claim had extended only to the solid form of the drug and not to the drug when in solution. Consequently, there was indirect infringement of the patent and the declaration of non-infringement would be set aside.
