United Kingdom Patent Decisions 2021

被引:0
|
作者
Trigg, Robyn [1 ,2 ]
机构
[1] Univ Oxford, Magdalen Coll, Oxford, England
[2] Osborne Clarke LLP, London, England
关键词
Unlawful means; Sufficiency; Functional claiming; Crown use; Formstein defence; Expedition application; FRAND; ETSI undertaking;
D O I
10.1007/s40319-022-01161-2
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This report highlights a selection of the most important UK patent decisions from 2021, including: one Supreme Court judgment concerning the economic tort of unlawful means, which importantly maintained the status quo for litigating patents in the UK; four Court of Appeal judgments (one concerning sufficiency and functional claiming, which overturned the decision below; two where the first instance finding was upheld; and one considering the crown use exception); and, seven High Court judgments (one giving obiter guidance on the Formstein defence in cases of infringement by equivalents; four relating to applications for expedition of proceedings; and two relating to FRAND and the effect of the ETSI undertaking).
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页码:377 / 395
页数:19
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