Source: All England Reporter
Publisher Citation: [2016] All ER (D) 102 (Dec)
Neutral Citation: [2016] EWCA Civ 1296
Court: Court of Appeal, Civil Division

Kitchin and Floyd LJJ

Representation Tom Mitcheson QC (instructed by Allen & Overy LLP) for the applicant.
  Daniel Alexander QC and Mark Chacksfield (instructed by Pinsent Masons LLP) for the respondent.
Judgment Dates: 16 December 2016


Patent - Application - Permission to appeal - Defendant company being patentee of European Patent relating to delivery of drug to patients suffering from chronic obstructive pulmonary disease or asthma - Claimant seeking declaration patent invalid - Defendant applying to introduce new claims - Application dismissed - Defendant seeking permission to appeal - Whether application to be allowed - CPR 52.

The Case

Patent Application. The Court of Appeal in refusing permission to appeal in a patents case, held that the technical complexity of the background of a case was no longer a factor which trial judges should take into account in favour of granting permission to appeal.

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