| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 252 (Oct) |
| Neutral Citation: | [2007] EWCA Civ 971 |
| Court: | Court of Appeal, Civil Division |
| Judge: | BUXTON, JACOB AND HUGHES LJJ |
| Representation | 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. | |
| Judgment Dates: | 18 October 2007 |
Catchwords
Patent - Infringement - Pharmaceutical product - Whether defendant's product infringing claimant's patent.
The Case
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.
Practice Areas
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