Supreme Court success for 3 New Square in Eli Lilly v Actavis

On Wednesday 12th June 2017 the Supreme Court handed down its judgment in Eli Lilly v Actavis. In its landmark ruling the Supreme Court reviewed the law of patent infringement in England and Wales, Spain, Italy and France and found that Actavis’s products directly infringed Lilly’s patents for its blockbuster drug Alimta, a life-saving drug used in cancer therapy, in each of these Countries. The Supreme Court thereby reversed the decisions of Arnold J. at first instance and of the Court of Appeal, at the same time upholding the judgment of the Court of Appeal on indirect infringement. The Three New Square Team of Thomas Mitcheson QC, Andrew Waugh QC and Stuart Baran, instructed by Stephen Bennett, Daniel Brook and Emma Fulton of Hogan Lovells acted for Lilly. Nick Hill, senior clerk at 3 New Square, said that this was a far-reaching decision and that he was glad that members of 3 New Square had played such a pivotal role in the fundamental review and development of patent law at the highest level.

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