UK Supreme Court Broadens Scope Of Patent Protection

The U.K. Supreme Court’s recent judgment in Actavis UK Ltd. v. Eli Lilly and Co. sets out a revised approach to assessing the scope of protection of patents in the U.K. The new approach is likely to confer greater protection on patent owners, by providing that the protection afforded to a patent is not limited to the wording of the claims, but can extend to cover variants that fall outside the literal meaning of the claims. This decision may also make it easier for patent holders to defend invalidity counterclaims without prejudicing their arguments on infringement.

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