We observe that the recent introduction of infringement by equivalence from the Supreme Court (2017 UKSC 48; Actavis (UK) Limited v Eli Lilly Company and others) does not mean that purposive interpretation of patent claims has been altogether dropped.
On 26 April 2018, the UK ratified an agreement to set up a Unified Patent Court for Europe. Only Germany now needs to ratify for the agreement to come into force which will see a court having jurisdiction on patent disputes in pharmaceuticals and life sciences being based in London.
On 3 April 2018, Luxembourg deposited its instrument of approval for the Unified Patent Court. Since the UPC’s Court of Appeal will be in Luxembourg, it is one of four countries which much complete the process of ratification in order for the Protocol to come into force.