Uk Courts Become Familiar Amongst Us Patent Doctrine

UK fellowship Celltech obtained a patent for humanised antibodies from the USPTO. Before it was granted, Celltech licensed a U.S.A. corporation, Medimmune, to develop, make, role too sell antibodies. Medimmune, who developed a humanised antibody which it sold nether the merchandise refer SYNAGIS, claimed that since its antibody would non convey infringed Celltech’s patent it did non convey to pay licence royalties. Celltech disgreed too sued for patent infringement, relying on the doctrine of equivalents, a dominion of U.S.A. patent constabulary past times which in that place mightiness endure infringement fifty-fifty if a production or procedure vicious exterior the literal pregnant of the words of the claim when understood inwards their context.
Medimmune argued that Celltech could non invoke the doctrine of equivalents because of simply about other characteristic of U.S.A. patent law, the doctrine of prosecution history estoppel. Medimmune sought to rely on ii types of prosecution history estoppel: (i) ’amendment estoppel’, which precludes a patentee from seeking protection for plain of written report thing that was relinquished or distinguished inwards the classify of the patent application too (ii) ’argument estoppel’, holds an applicant to the USPTO saltation past times unequivocal assertions he makes almost the reach or pregnant of his claims.
The lawsuit judge, Jacob J, dismissed the infringement claim, belongings that Celltech was saltation past times declaration estoppel but non past times amendment estoppel. Both parties appealed. The Court of Appeal today dismissed Celltech’s appeal but, past times a 2-1 majority, allowed Medimmune’s cross-appeal. What is interesting hither is the fashion the United Kingdom of Great Britain too Northern Ireland of Britain too Northern Republic of Ireland courts are gradually making themselves to a greater extent than at dwelling amongst important features of U.S.A. patent constabulary doctrine.