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Today we have a guest post from Suleman Ali of Holly IP and K2 on the subject of UK Pharma caselaw in 2013. This post was originally posted on the Holly IP blog IP Trends and is reproduced with the permission of the author. These points are gleaned from a talk by Neil Jenkins given at the CIPA Life Sciences Conference on 14 November 2013.
These decisions were discussed at a CIPA event on 27 November 2013, and the following points are based on the cases selected by the speakers.
Following concerns that the strict patent infringement tests applied by the Courts in the UK are driving lucrative clinical trials overseas, the UK government has now concluded a review of the statute that would allow for a broader ‘Bolar’ exemption to enter UK law.
As noted in many recent news stories, Apple has now included a link on their UK website to a page explaining the outcome of their recent Court of Appeal decision in the UK. The link on their front page has been located in such a way as to provide a sort of “Where’s Wally?” experience when you try and find it.
Clicking on the link takes you to a page completely devoid of Apple branding. There are six paragraphs of text on this page, paragraphs 1 and 5 being the text specified by the judge in the UK court case. Paragraphs, 2, 3, 4 and 6 have been added by Apple. When I look at the page, I can’t help seeing it like this: