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News from Abroad — Technetix v Teleste: Doctrine of Equivalents

By Antony Craggs — Since the introduction of the doctrine of equivalents in the UK in Actavis v Lilly, it has been questioned whether a claim can be extended by said doctrine (so that a product infringes the claim) where such an extension would render the claim obvious over the prior art at the priority date. In Technetix v Teleste, HHJ Hacon has offered obiter guidance on the point. Background — Actavis v Lilly Actavis v Lilly introduced the following questions when assessing infringement: 1. Does the variant infringe any of the claims as a matter of normal interpretation; and,…

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