“…Second, by reference to the CJEU in GAT v Luk (Case C-4/03) and two decisions of Arnold J (as he then was), Anan v Molycorp [2016] EWHC 1722 (Pat) and Actavis v Eli Lilly [2014] EWHC 1511 (Pat), Henry Carr J decided th…”
“…“irrespective of whether the issue is raised by way of an action or as a defence” were not in the previous regulation. They reflect the decision of the ECJ in (Case C-4/03) Gesellschaft für Antriebstechnik mbH & Co KG v Lamellen und Kupplungsbau Beteiligungs KG [2006] FSR 45 (“GAT”), to which I refer further below.…”