Subject: Intellectual property Other related subjects: Civil procedure; Conflict of laws
Keywords: Consent; Forum non conveniens; Patent proceedings; Patents; Service; Stay of proceedings; Validity
Summary: In Actavis v Eli Lilly, the Patents Court (Arnold J) held that it had jurisdiction to grant a negative declaration in respect of non-infringement of the German, French, Italian and Spanish designations of a European Patent as well as the UK designation. This is an important decision which enables centralisation of arguments about the non-infringement of a single European Patent’s multiple national designations. The debates included the scope of CPR 63.14 and 6.9, and the application of the doctrine of forum non conveniens to the claims for non-infringement of the foreign designations of the European Patent. Thomas Raphael (instructed by Bird & Bird LLP) was Junior Counsel for Actavis.