||All England Reporter
|| All ER (D) 252 (Oct)
|| EWCA Civ 971
||Court of Appeal, Civil Division
BUXTON, JACOB AND HUGHES LJJ
||Daniel Alexander QC and Andrew Lykiardopoulos (instructed by Bristows) for the claimant.
||Simon Thorley QC and Thomas Mitcheson (instructed by Roiter Zucker) for the defendant.
||18 October 2007
Patent - Infringement - Pharmaceutical product - Whether defendant's product infringing claimant's patent.
In all the circumstances, the judge had correctly found that the claimant's patent for a pharmaceutical composition for an active ingredient, which composition was an 'oil-in-water microemulsion', had not been infringed by the defendant's product in which at least 86% of the active ingredient was carried by particles that were larger than microemulsion size.
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