- 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…”
- Followed — Vernacare Limited v Moulded Fibre Products Limited 2023-07-18
“…The judge followed the well-known structured approach to the assessment of inventive step explained by Jacob LJ in Pozzoli SPA v BDMO SA [2007] EWCA Civ 588 at [23]. At [80], in the section of his judgment dealing with the construction of the claims of the 947 patent, the judge identified an issue between the parti…”
- Cited — InterDigital Technology Corporation & Ors v Lenovo Group Ltd & Ors 2023-01-19
“…l authority on the point is the judgment of Floyd LJ in Philips v Asustek [2019] EWCA Civ 2230 at paragraph 59, which refers back to Jacob LJ in Pozzoli v BDMO [2007] EWCA Civ 588 at paragraphs 25-29 (which in turn refer back to Jacob J in Union Carbide v BP [1998] RPC 1 at p13). It is a narrow (judge made) exception arising from quite s…”
- Cited — Illumina Cambridge Limited v Latvia MGI Tech Sia 2021-12-17
“…ned the applicable principles 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…”
- 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
“… J. On the critical issue 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 p…”
- 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 …”
- Explained — SSH Communications Security Corporation v Sony Mobile Communications AB & Ors 2018-10-11
“…viousness on the assumption 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 ea…”
- Cited — Jushi Group Co Ltd v OCV Intellectual Capital LLC 2018-06-19
“…Although 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]:…”