• Analysing the latest judgements from both the UK Court of Appeal and the Netherlands Supreme Court
• Understanding how to extend the scope of protection for a patent
• Assessing whether there are similarities between each jurisdiction and whether this relief can be adapted in other jurisdictions
• Is this still similar in each jurisdiction if the test or wording of the test to determine the scope of protection is somewhat different?

Case Study: Actavis vs Eli Lilly [2017] UKSC 48

A UK Supreme Court decision in 2017 gave guidance on the new approach for the UK patenting process. Now, the UK Supreme Court has adopted a doctrine of equivalence standard whereby elements falling outside the scope of claims can also be considered as infringement. One year on, this panel will discuss its subsequent effect in multiple jurisdictions: U.S., Germany, Netherlands and UK.

• What are the practical results following the decision?
• Determining whether the result of this case has created a knock-on effect on the validity of patents
• Industry best practices on how to construe patents: If a product now falls within the scope of patent claim, can it still infringe due to immaterial variation.
  • Patents being invalid from novelty claims
  • Sufficiency attacks