Actavis, 3 years on: much ado about nothing?


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Actavis, 3 years on: much ado about nothing?
Start date Friday, July 3, 2020 12:30 PM
End date Friday, July 3, 2020 01:30 PM
CPD Points 1.0
Price Non Member £73.20 (Includes £12.20 VAT)
Member £49.20 (Includes £8.20 VAT)


The Supreme Court handed down its judgement in Actavis v Eli Lilly on 12 July 2017, almost 3 years ago.  At the time it was said variously to be: the most seismic shift in UK patent law since the 1977 Act; no real change except in marginal cases; a long-overdue recognition of the doctrine of equivalents; the worst decision made in patent law for as long as anyone could remember; the start of a new golden age for patentees; the beginning of a whole new world of uncertainty; and a ruling both that Na = K and Na ≠ K.

Douglas Campbell QC considers:

  • Which of these views, if any, has turned out to be correct?
  • How is Actavis actually being applied at first instance and on appeal?
  • Are patentees winning more cases, or is it different routes to the same result?
  • Does the doctrine of equivalents apply to validity?”