IPEC
where less complex evidence may be required than in a full infringement and validity trial.
Following the decision in Actavis Group HF v Eli Lilly Company 2012, it appears possible to
obtain a declaration of non-infringement that applies to all designations of a European patent. Accordingly, IPEC may be attractive for such actions in the future, particularly given that the costs and time-to-trial compare favourably with
those of other UK and European courts (such as the Bundespatentgericht).
Conclusions
As we return to our original question, it seems clear that while complex patent
cases are
unlikely to be suffi ciently distilled to fi t within the time and cost constraints of IPEC, the court itself is extremely well placed to consider less convoluted patent cases in the biotech and chemistry fi elds.
Whether that means deciding cases that naturally present only one or two issues without the need for lengthy experiments, or considering isolated issues within a much wider dispute-resolution strategy, potential litigants should view the speed and cost of IPEC as a real opportunity.
Mark Didmon is a European and UK patent attorney, and recently completed training as a patent attorney litigator. He holds a degree and a PhD from Warwick University in the fi elds of microbiology and molecular biology, and worked as a research scientist at AstraZeneca and Novartis before joining Potter Clarkson.
Simon Curtis is a European and UK patent attorney, and recently completed training as a patent attorney litigator. He holds a Master’s degree in chemistry from the University of Manchester and worked in the IP department of Waters Corporation, a manufacturer of laboratory instruments, before joining Potter Clarkson.
Mark Didmon is a partner in the biotechnology and pharmaceuticals group at Potter Clarkson. He can be contacted at:
mark.didmon@potterclarkson.com
Simon Curtis is a senior associate in the chemistry group at Potter Clarkson. He can be contacted at:
simon.curtis@
potterclarkson.com
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Life Sciences Intellectual Property Review
Volume 2, Issue 1
33
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