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19 January 2012
Issue: 7497 / Categories: Case law , Law digest , In Court
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Patents

Omnipharm Ltd v Merial [2011] EWHC 3393 (Pat), [2012] All ER (D) 21 (Jan)

 

It was established that it was not sufficient to prove common general knowledge that a particular disclosure was made in an article, in a scientific journal, no matter how wide the circulation of that journal might be, in the absence of any evidence that the disclosure was accepted generally by those who were engaged in the article to which the disclosure related. A piece of particular knowledge as disclosed in a scientific paper did not become common general knowledge merely because it was widely read, and still less because it was widely circulated. Such a piece of knowledge only became general knowledge when it was generally known and accepted without question by the bulk of those who were engaged in the particular article; in other words, when it became part of their common stock of knowledge relating to the article.
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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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