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United Kingdom

Actavis UK Ltd v Eli Lilly & Co

[2017] UKSC 48
JurisdictionUnited Kingdom
Year2017
Statusunclear

Key Principle

Lord Neuberger reformulated the test for patent infringement by equivalents: (1) does the variant achieve substantially the same result in substantially the same way, (2) would this have been obvious to the skilled person, (3) would the skilled person have understood the patentee intended strict compliance with the literal meaning.

Area of Law

ip

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