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20 November 2014
Issue: 7631 / Categories: Case law , Law digest , In Court
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Patent

Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55, [2014] All ER (D) 328 (Oct)

In the course of a dispute regarding infringement of the claimant’s patent, the Supreme Court held that the illegality defence had not been engaged by the consideration that the defendant’s lost profits had been made by selling product manufactured in Canada in breach of the claimant’s Canadian patent. A patent was a public grant of state, it did not follow that the public interest was engaged by the breach of the patentee’s rights. There was no public policy that could justify in addition the forfeiture of the defendant’s rights. The infringement of foreign patent rights did not constitute a relevant illegality for the purpose of the defence of ex turpi causa.

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MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
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