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EPO Boards of Appeal Conference 2018

The European Patent Office recently held its eighth “Boards of Appeal and Key Decisions” conference. This annual conference provides a unique insight into developments within the Boards of Appeal and its case law. Here we summarize recent developments.

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Skating towards Patent Infringement

Anna Bartholomew takes a look at Lord Kitchin’s decision on Icescape Ltd v Ice-World International BV & Ors [2018] EWCA Civ 2219 which applies for the first time the new approach to infringement of patents as set out in the decision of the Supreme Court in Actavis UK Ltd v Eli Lilly & Co [2017] UKSC 48.

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Striking Out Claims for an Arrow Declaration

In a recently reported case, Glaxo Group Ltd and Others v Vectura Ltd 2018 EWCA Civ 1496, the Court of Appeal reviewed the case law relating to the grant of a discretionary relief known as an “Arrow Declaration” and determined that interim proceedings had only to decide whether the pleaded facts and arguments gave rise to a “realistic claim” for such relief.

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