UK High Court Decides on Infringement of EPC 2000 Claims Based on German Patent Law

Abstract

In recent years various German courts have ruled on the scope of protection and infringement of second medical use patents. Due to a special contractual clause, the UK High Court now had to deal with the development of this German case law in the context of a patent licence dispute, taking into account the unusual feature that the subject of the dispute was not a new use for an old product, but a new product.