This article was first published in Journal of Intellectual Property Law & Practice, jpx172, 10 October 2017
Chugai Pharmaceutical Co. Ltd. v UCB Pharma S.A.; Celltech R&D Ltd and UCB Biopharma SPRL [2017] EWHC 1216 (Pat), Patents Court of England and Wales, 26 May 2017
The Patents Court has held it has jurisdiction to hear a claim for a declaration that a licensee is no longer required to pay royalties under a licence in relation to a foreign patent, as the claim does not require the court to make a determination of the validity of the patent and the issues where validity may be considered are limited to the assessment of the construction of the patent claims and the relevant scope of the licence.
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