1
Type Speaker CPD Hours Level
Webinar
1.25 UpdateInformation
SRA Competency B

Introduction

Join Paul England from Taylor Wessing as he presents this new webinar explaining direct infringement by reference to the leading cases and the issues that most often arise in practice: pre-expiry offers, repair and the importation of products made by a patented process.

Recently, the infringement of second medical use claims has also come to a head in the Warner-Lambert Supreme Court decision concerning the drug pregabalin.

To make out a case of patent infringement, it is first necessary to establish what the act of infringement is. The UK Patents Act also provides for the act of indirect infringement, which has a number of requirements that must be satisfied.

The issue of joint tortfeasance is also covered.

What You Will Learn

This webinar will cover the following:

  • The UK’s approach to pre-expiry offers to sell a patent protected product
  • How the UK court determines the difference between legitimate repair of a patented article and infringing manufacture
  • The approach to determining if a product has been made by an infringing process
  • The issue of second medical use claim infringement and the meaning of the Supreme Court judgment in Warner-Lambert
  • The statutory outline of indirect infringement and its requirements
  • The meaning of ‘means relating to an essential element of the invention’
  • Actual and constructive knowledge in indirect infringement
  • The relevance of knowledge and its timing in the KCI Licensing case
  • Double-territoriality
  • Joint tortfeasance in patent cases and the impact of the Supreme Court case Fish & Fish v Sea Shepherd

This webinar was recorded on 17th March 2022

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Patent Claims: Acts of Direct & Indirect Infringement - The Key Issues in One Hour

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