Recent UK Patent Case Law: Key Developments


This webinar is presented by IPIC and CIPA

Join attorneys John Hornby and Katie McConnell as they explore the emerging trends and developments within recent patent litigation cases.

John Hornby of Lambert Hornby, one of the UKs most highly respected intellectual property lawyers, will focus on Lord Justice Arnold’s recent judgment in FibroGen v Akebia Therapeutics [2020] EWHC 866 (Pat). In particular, John will cover key legal principles, and their application in the FibroGen case, concerning insufficiency due to excessive claim breadth and infringement by equivalents. In relation to insufficiency, John will deal with plausibility, principles of general application and undue burden. With regard to equivalents, he will include consideration of Lord Neuberger’s three questions in Actavis v Eli Lilly [2017] UKSC 48, as well as the roles of prosecution history estoppel and Formstein/ensnarement-type defences in making the assessment.

Katie McConnell, partner at Hogan Lovells and expert in the telecoms and pharmaceutical sectors, will present on recent FRAND-related case law in relation to standard essential technologies. More specifically, Katie will discuss the willingness of UK courts to determine FRAND licence terms on a global basis (including the issues to be addressed in the eagerly-anticipated Supreme Court judgment in Unwired Planet v Huawei; Conversant v Huawei and ZTE); the UK court's approach to the grant of injunctions, including anti-suit injunctions, in FRAND cases; and whether an alleged infringer can avoid consideration of FRAND issues (including recent cases proposing that damages be calculated by reference to a counterfactual global licence).

Continuing Professional Development

This program is eligible for up to 1 Substantive Hour.

Law Society of Ontario1
Barreau du Québec1
Law Society of British Columbia1
Law Society of Saskatchewan**
Law Society of Manitoba1
Law Society of Alberta1
New York State CLE Board1

** An application for accreditation of the session will be submitted upon request by a participant



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