“…Arrow declarations take their name from the seminal decision of Kitchin J (as he then was) in Arrow Generics Ltd v Merck & Co Inc [2007] EWHC 1900 (Pat), [2008] Bus LR 487. An Arrow declaration is a declaration that a product, process or use was lacking in novelty or obvious as at the priority date of a patent …”
“…A declaration in the form sought by Mexichem has come to be called an Arrow declaration because it was in Arrow Generics Limited v Merck & Co Limited [2007] EWHC 1900 (Pat) that Kitchin J (as he then was) allowed the first such declaration to proceed to trial. Since then, the court’s discretionary power to grant Arrow declarations…”
“… were old or obvious at a particular date. Such a declaration, which has become known as an Arrow declaration after Arrow Generics Limited v Merck & Co Limited [2007] EWHC 1900 (Pat), would, it is said, provide protection against allegations of infringement by Vectura of as yet ungranted patents. The judge (HHJ Hacon sitting as a High Court…”