tag:blogger.com,1999:blog-5574479.post3944415562680404447..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: AIPPI Event Report: Actavis v ICOS Supreme Court Rapid Response Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-19409103144893120102019-04-18T09:08:20.942+01:002019-04-18T09:08:20.942+01:00Do I read here a unamimous Supreme Court panel put...Do I read here a unamimous Supreme Court panel putting EPO-PSA for the first time on an equal footing to Windsurfer/Pozzoli, both being seen as a "gloss" on the statutory question "Obvious Y/N?", a "gloss" that is helpful to teaze out the correct result? <br /><br />And if so, will this have as consequence that, from now on, obviousness will be pleaded in the courts of England and Wales in line with EPO-PSA, ie, the established case law of the Boards of Appeal of the EPO.<br /><br />I mean, if Windsurfer leads to the same result as EPO-PSA, why bother with it any longer? Applying EPO-PSA at first instance should have the effect of cutting down the number of appeals to EWCA. After all, the tenor of this piece seems to be that if EPO-PSA had been argued from the get go the proprietor might have saved the patent.Max Dreihttps://www.blogger.com/profile/03338443708960801180noreply@blogger.com