16th Annual Patent Seminar — the Virtue of Justice

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By Gordon Harris

In opening this talk last year, I speculated about the reasons why there had been relatively little in the way of significant developments in case law in patent litigation in recent years. I wondered if the judiciary had done such a good job at resolving the basic issues that now little more needed to be done each year than to apply a ‘touch on the tiller’. By way of illustration, let me just reflect on some of the areas that constitute my usual headings for this annual paper.

In the field of construction, there has been little more to say about how patents should be read since the decision in Amgen as slightly amended in the Virgin v Contour case.

Moving on to anticipation, there has been little further development here since the House of Lords (as it then was) distilled previous authority and produced a definitive judgment in the Synthon case…

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