Following on from my recent Blog of 7th May [insert link please], we are beginning to get preliminary reports of the Supreme Court’s Decision of 12th May 2021, concerning already-granted patents with a term of ten years from grant; in particular, whether these patents will retain this term.
Insights: supreme court
The Supreme Court decision in Unwired Planet and others ( UKSC 37) represents the culmination of a series of trials, begun in 2014, and involving several key players in the telecommunications industry
Last week the Supreme Court ruled that an inventor, Professor Shanks, was entitled to compensation for an invention he devised while employed by Unilever in the 1980s. Such successful decisions are extremely rare (there is only one other case, Kelly and Chiu), and this is the first time that the Supreme Court has considered this corner of the Patents Act.The Supreme Court’s decision to overturn the rulings of the lower courts and award £2m to Professor Shanks is a landmark decision that could pave the way for further successful claims.
The Supreme Court has dismissed Warner-Lambert’s Lyrica appeal that the patent was sufficiently disclosed, and upheld Actavis and Mylan’s appeal that the disputed claims were not even partially sufficient.