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19 January 2012
Issue: 7497 / Categories: Case law , Law digest , In Court
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Patents

Omnipharm Ltd v Merial [2011] EWHC 3393 (Pat), [2012] All ER (D) 21 (Jan)

 

It was established that it was not sufficient to prove common general knowledge that a particular disclosure was made in an article, in a scientific journal, no matter how wide the circulation of that journal might be, in the absence of any evidence that the disclosure was accepted generally by those who were engaged in the article to which the disclosure related. A piece of particular knowledge as disclosed in a scientific paper did not become common general knowledge merely because it was widely read, and still less because it was widely circulated. Such a piece of knowledge only became general knowledge when it was generally known and accepted without question by the bulk of those who were engaged in the particular article; in other words, when it became part of their common stock of knowledge relating to the article.
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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