Friday 3 July

Actavis, 3 years on: much ado about nothing?

When and where

Date and time

Start: Friday 3 July 2020, 12:30 PM

End: Friday 3 July 2020, 01:30 PM

Event Overview

The Supreme Court handed down its judgement in Actavis v Eli Lilly on 12 July 2017, almost 3 years ago.  At the time it was said variously to be: the most seismic shift in UK patent law since the 1977 Act; no real change except in marginal cases; a long-overdue recognition of the doctrine of equivalents; the worst decision made in patent law for as long as anyone could remember; the start of a new golden age for patentees; the beginning of a whole new world of uncertainty; and a ruling both that Na = K and Na ≠ K.

Douglas Campbell QC considers:

  • Which of these views, if any, has turned out to be correct?
  • How is Actavis actually being applied at first instance and on appeal?
  • Are patentees winning more cases, or is it different routes to the same result?
  • Does the doctrine of equivalents apply to validity?”


Fellows, Students


Douglas Campbell QC, 3 New Square

Douglas Campbell QC, 3 New Square

Douglas is one of the few silks to excel at both hard and soft IP.  His recent cases in the Court of Appeal include Icescape v Ice-World (patent: leading case on infringement under the doctrine of equivalents following the change in the law made by the Supreme Court in Actavis v Lilly); AP Racing v Alcon Components (patent), Frank v Nike (trade mark, upholding interim injunction granted in IPEC),  London Taxis v Metrocab (shape trade mark), Comic v Twentieth Century Fox (“Glee” trade mark).

Comic settled on the eve of the hearing in the Supreme Court in November 2017. His range of work at first instance is even broader: from pharma patent cases such as Warner-Lambert v Highland Health Board (second medical use) and Boehringer Ingelheim v Teva (fifth most commonly prescribed drug on the NHS) to telecommunications patents (Semafone v Eckoh, payment systems; BT v Assia, ADSL technology) to computer games (Blizzard v Bossland, copyright in “Overwatch” game; Bethesda v ABT, “Fallout” game, trade mark) to champagne and polo (Veuve Clicquot v Polistas, trade mark).

The event has been added to your basket:

Actavis, 3 years on: much ado about nothing?

Proceed to basket

Shopping Basket

No products in the cart.

Are you a CIPA member?

Sign in to your account to register for the event

Forgotten password?

If you are not yet registered or a member of CIPA, please register here

Skip to content