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Why you should worry about a patent's priority date

This article was originally published in Scrip

Executive Summary

In the case of Edwards Lifesciences AG v Cook Biotech Inc earlier this year, the English Patents Court handed down a unique and important decision that determines the priority date that should be given to a patent1. The decision resulted in a loss of priority and the introduction of new prior art that invalidated the patent. This article considers the commercial implications of this decision for pharmaceutical companies.

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Why You Should Be Worried about a Patent's Priority Date

Earlier this year, in the case of Edwards Lifesciences AG v Cook Biotech Inc, the High Court of England and Wales (Patents Court) handed down a unique and important decision that determines the priority date that should be given to a patent1,2. This resulted in a loss of priority and the introduction of new prior art that invalidated the patent in question. This article considers the commercial implications of the decision for medtech companies.

Why You Should Be Worried about a Patent's Priority Date

Earlier this year, in the case of Edwards Lifesciences AG v Cook Biotech Inc, the High Court of England and Wales (Patents Court) handed down a unique and important decision that determines the priority date that should be given to a patent1,2. This resulted in a loss of priority and the introduction of new prior art that invalidated the patent in question. This article considers the commercial implications of the decision for medtech companies.

Why You Should Be Worried about a Patent's Priority Date

Earlier this year, in the case of Edwards Lifesciences AG v Cook Biotech Inc, the High Court of England and Wales (Patents Court) handed down a unique and important decision that determines the priority date that should be given to a patent1. This resulted in a loss of priority and the introduction of new prior art that invalidated the patent in question. This article considers the commercial implications of the decision for pharmaceutical companies.

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