PATENT REVOCATION REVERSED
The decision of Lord Glennie to revoke a patent in the case of Arrow Generics Ltd, Petitioners  CSOH 146, reported in Scots Law News No 598, was reversed by the First Division on 20 May 2008.
Arrow Generics v Akzo NB  CSIH 31 did not involve any renewal of the interesting previous discussion about whether there was a Queen Elizabeth I before there was a Queen Elizabeth II. Instead the judges of the First Division review and apply the authorities on “purposive construction” of patent claims, novelty, and obviousness, and decide that the Lord Ordinary took the wrong approach to these matters. There is however some criticism of the failure of the patentee’s advisers to lead appropriate evidence which would have allowed the Lord Ordinary to do better. For further comment see the IP-Kat blog for 24 May 2008.