Abstract

2021 which, unlike the last few years, saw no changes in the identity of the specialist judges hearing patent matters in the English courts, saw many more final decisions on patent matters than 2020, both at first instance and on appeal. There were 19 decisions in the Patents Court at first instance in inter partes proceedings in 2021 in which patent infringement and/or validity was in issue. These decisions concerned 32 patents (nearly twice as many as in 2020), six of which were held not to be infringed,1 and 20 of which were held to be invalid, all but two2 on grounds of obviousness, although some were also held to be invalid on other grounds. In all the patentee prevailed in six decisions on 10 patents, all of which survived challenges to validity and all of which were held to be infringed, apart from two where infringement was admitted.

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