“…oduct for treating patients. This is what the Court of Appeal decided, correctly in my view, in Menashe Business Mercantile Ltd v William Hill Organisation Ltd [2003] 1 WLR 1462, para 24, per Aldous LJ. It was the ground on which the judge struck out the indirect infringement claim on the interlocutory application of Actavis. It was re…”
“…harmacist who merely applied a patient label. Although that holding was obiter, it was based on Menashe Business Mercantile Ltd v William Hill Organisation Ltd [2003] 1 WLR 1462, which is binding Court of Appeal authority. In my opinion there is no realistic prospect of the Supreme Court reaching the opposite conclusion in future. The …”