Actavis Group HF v Eli Lilly and Company; Medis EHF v Eli Lilly and Company,Patents Court, London, UK, 27 November 2012, Case Nos. HC12E02962 and HC12A03340
The UK Patents Court has held that the UK court can decide whether a declaration of non-infringement should be granted in respect of French, German, Italian and Spanish designations of a European Patent, where the UK designation is also in issue and the validity of the patents will not be called into question by the potential infringer.
Points of particular interest in this decision include:
- Lilly consented in correspondence to service of proceedings and this consent was held to apply to the proceedings concerning the non-UK patents as well as the UK one.
- Actavis (the potential infringer) had undertaken not to challenge validity, or to contend that the patent is invalid, at any stage of the proceedings if the UK court accepted jurisdiction. (One of the Actavis group companies was in fact a party to an EPO opposition of the Patent and Arnold J noted that the Actavis group had therefore voluntarily bifurcated the infringement and validity aspects of the case.)