Court of Appeal confirms cross-border non-infringement jurisdiction

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Today, the Court of Appeal has upheld Arnold J’s first instance decision that the English court has jurisdiction to hear actions of non-infringement concerning the national French, German, Italian and Spanish counterparts of EP 1 313 508 (for permetrexed dissodium in combination with vitamin B12 or pharmaceutical derivatives thereof).

The decision means that the English court can make a non-infringement determination in respect of these patents at trial in respect of Actavis’s proposed dealings in permetrexed dipotassium. Furthermore, for each counterpart of the EP that the English court determines is not infringed under the respective national laws of infringement, including claim construction, it is prepared to make a (cross-border) declaration of non-infringement…

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