- Applied — Teva Pharmaceutical Industries Limited & Anor v Astellas Pharma Inc 2023-07-25
“…The judge applied the structured approach to the assessment of obviousness set out in Pozzoli SpA v BDMO SA [2007] EWCA Civ 588, [2007] FSR 37. He identified the steps from 288 to the claim as being the choice of mirabegron and its use to treat OAB as opposed to the conditions mentioned in 288.…”
- Cited — Illumina Cambridge Limited v Latvia MGI Tech Sia 2021-12-17
“…inciples at [179]-[182]. He set out the structured approach to the assessment of obviousness re-stated by Jacob LJ in Pozzoli SpA v BDMO SA[2007] EWCA Civ 588, [2007] FSR 37 at [23] and referred to Lord Hodge’s review of the law in Actavis Group PTC EHF v ICOS Corp[2019] UKSC 15, [2019] RPC 9. He also cited a passage from the judgm…”
- Followed — E Mishan & Sons, Inc v Hozelock Ltd & Ors 2020-07-08
“…The judge carefully followed the structured approach to the assessment of obviousness laid down in Pozzoli SpA v BDMO SA [2007] EWCA Civ 588, [2007] FSR 37. I have already set out his findings as to the skilled addressee of the Patents and the common general knowledge.…”
- Followed — E Mishan & Sons, Inc v Hozelock Ltd & Ors 2020-07-08
“…ssue of the alleged obviousness of the Patents over McDonald, the judge followed the structured approach required by Pozzoli SpA v BDMO SA [2007] EWCA Civ 588, [2007] FSR 37, and reached evaluative conclusions which were in my opinion clearly open to him. It follows that there are no grounds on which this court can properly interfe…”
- Cited — Koninklijke Philips N.V. v Asustek Computer Incorporation & Ors 2019-12-17
“…In Pozzoli SPA v BDMO SA [2007] EWCA Civ 588; [2007] FSR 37, Jacob LJ referred to a problem which exists in patent law where an invention is said to consist in doing something which could be conceived of but would be th…”
- Explained — SSH Communications Security Corporation v Sony Mobile Communications AB & Ors 2018-10-11
“…mption he was wrong about the teaching being clear. Here he adopted the approach explained by the Court of Appeal in Pozzoli SpA v BDMO SA [2007] EWCA Civ 588, [2007] FSR 37 at [14] to [23]. He considered the inventive concept of claim 1 to be the sending of keepalive packets between two devices communicating with each other throug…”
- Cited — Jushi Group Co Ltd v OCV Intellectual Capital LLC 2018-06-19
“…ough neither side referred us to it, a useful, structured approach to the issue of obviousness remains that set out in Pozzolli v BDMO SA, [2007] EWCA Civ 588; [2007] FSR 37 at [23]:…”