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Actavis Group HF v. Eli Lilly and Co. (English High Court of Justice)

Defendant: Eli Lilly and Co.

Court: English High Court of Justice, Chancery Division, Patents Court (UK)

Date: Nov 27, 2012

Docket: Case Nos: HC12E02962 and HC12A03340 ([2012] EWHC 3316 (Pat.)

Judge: The Hon. Mr. Justice Arnold

The English High Court (Arnold J.),  in the joined cases of Activis Group and Medis v Eli Lilly & Company (USA) held that the English courts have jurisdiction over issues of infringement of European patents with respect not only to their UK designation but also to their foreign (in this case Germany, France, Italy and Spain) designations.  The court also rejected Lilly USA’s forum non conveniens arguments.  The court – noting that invalidity was not in issue  – referred to last year’s English Supreme Court case of Lucasfilm v Ainsworth,  establishing that the English courts would accept jurisdiction to deal with infringements of foreign copyrights and suggesting that this would apply equally to other foreign IP rights.

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