header-logo header-logo

Patent

20 November 2014
Issue: 7631 / Categories: Case law , Law digest , In Court
printer mail-detail

Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55, [2014] All ER (D) 328 (Oct)

In the course of a dispute regarding infringement of the claimant’s patent, the Supreme Court held that the illegality defence had not been engaged by the consideration that the defendant’s lost profits had been made by selling product manufactured in Canada in breach of the claimant’s Canadian patent. A patent was a public grant of state, it did not follow that the public interest was engaged by the breach of the patentee’s rights. There was no public policy that could justify in addition the forfeiture of the defendant’s rights. The infringement of foreign patent rights did not constitute a relevant illegality for the purpose of the defence of ex turpi causa.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
back-to-top-scroll