Skip Navigation

Reports of Patent, Design and Trade Mark Cases 2004 121(16):607-637; doi:10.1093/rpc/2004rpc31
© 2004 by Crown Copyright
This Article
Right arrow Full Text (PDF)
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Add to My Personal Archive
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© Crown Copyright

[2004] R.P.C. 31

MERCK & CO INC V GENERICS (UK) LTD

Patents Court

(Laddie J.): November 10–13 and 27, 20031

[2003] EWHC 2842 (Pat), [2004] R.P.C. 31

Patent—Infringement—Process patent—Construction of claims—Wording of claims limited to use of a single specified acid and detailed process parameters—Whether infringement by use of different (but related) acid and different process parameters—Whether Improver questions should be applied—Whether fairness to patentee required giving a monopoly co-extensive with invention—Observations on Improver and Catnic approaches—Appropriate test for "obviousness" in second Improver question—Extensive series of experiments carried out in support of Improver questions—Whether carrying out of experiments justified—Observations on future conduct of patent cases involving Catnic-type approach.

Key Words: Claim construction • Experiments • Infringement • Inventive step • Patents

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


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer:
Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.