“… Patents Court to grant an Arrow declaration was confirmed by this Court in Fujifilm Kyowa Kirin Biologics Co Ltd v AbbVie Biotechnology Ltd [2017] EWCA Civ 1, [2018] Bus LR 228, where Floyd LJ giving the judgment of the Court (himself, Longmore and Kitchin LJJ) said at [98]:…”
“…In my judgment paras 98(iv) and 98(v) of this court’s judgment in the Fujifilm case [2018] Bus LR 228 need to be read together, taking into account what was said in para 93. The statutory remedy of revocation (and I would add the declaration of non-infringement…”
“…es justice not only to the claimant, but also to the defendant: see Fujifilm Kyowa Kirin Biologics Co., Ltd. v Abb Vie Biotechnology Limited [2017] EWCA Civ 1, [2018] Bus LR 228 ("Fujifilm") at [60];…”