Actavis UK Ltd v Merck & Co Inc [2008] EWCA Civ 444, [2008] All ER (D) 290 (May)
The Court of Appeal is free but not bound to depart from the ratio decidendi of its own earlier decision if it is satisfied that the European Patent Office Boards of Appeal have formed a settled view of European Patent law which is inconsistent with that earlier decision. Generally this court will follow such a settled view (Lord Justice Jacob at 107).
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Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.
