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Reports of Patent, Design and Trade Mark Cases 2002 119(11):419-463; doi:10.1093/rpc/2002rpc21
© 2002 by Crown Copyright
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© Crown Copyright

[2002] R.P.C. 21

INHALE THERAPEUTIC SYSTEMS INC. v. QUADRANT HEALTHCARE PLC

Patents Court

Before: MR JUSTICE LADDIE May 14 to 23, and June 20, 20011

[2002] R.P.C. 21

Patent—Construction—Infringement—Whether dispersion of killed virus a solution—Experimental use—Common general knowledge—Whether common denominator to be taken when invention related to different fields—Anticipation—Whether experiment correctly operated—Even extreme likelihood insufficient to succeed on anticipation—Inventive step—Prior art from distant technology likely to be considered irrelevant—Insufficiency—Imprecision of physical phenomena to which invention tied.

1 Paragraph numbers in this judgment are as assigned by the court.


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