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England and Wales decisions
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High Court patents judgment on Samsung’s 5G patent. The court addressed skilled person, inventive step, collocation, and plausibility arguments over an NR initial-access claim.
Patent trial over aircraft ejection-seat headrest technology. The court addressed construction, priority, validity, infringement, and equivalents.
Court of Appeal upheld findings that EP155 was valid and EP801 was invalid for obviousness, dismissing both DSM’s and Mara’s appeals.
DSM IP Assets BV & Anor v Algal Omega 3 Ltd & Anor (Rev1) [2026] EWCA Civ 136 (24 February 2026)
Court of Appeal dismissed Mara’s appeal and upheld the finding that EP155 was valid, rejecting obviousness over Bijl. EP801 remained invalid on the lower court’s reasoning.
The Court of Appeal allowed Abbott’s appeal, holding that the Patents Court’s obviousness analysis was inconsistent with its construction of claim 1.
Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2025] EWCA Civ 1633 (18 December 2025)
Court of Appeal held Abbott’s patent revocation appeal failed on construction and obviousness, but allowed the appeal because the High Court’s obviousness analysis was inconsistent with its claim construction.
Fujikura Ltd & Anor v Sterlite Technologies Ltd [2025] EWHC 3181 (Pat) (04 December 2025)
The Patents Court held Fujikura’s amended patent valid and infringed by Sterlite’s Celesta optical fibre cables, rejecting insufficiency, obviousness and clarity challenges.
Formycon AG & Anor v Regeneron Pharmaceuticals Inc & Anor [2025] EWHC 2527 (Pat) (08 October 2025)
Patents Court trial on aflibercept formulation patents, addressing infringement by equivalence, priority, added matter, obviousness and insufficiency.
Patent trial on aflibercept formulations: the court rejected infringement by equivalence, upheld the ‘691 patent as amended, and invalidated ‘306 for added matter.
Modernatx Inc v Pfizer Ltd & Ors [2025] EWCA Civ 1032 (01 August 2025)
The Court of Appeal dismissed Pfizer/BioNTech’s appeal, holding that Moderna’s EP949 claim 3 was novel and not obvious over the UPenn prior art.
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