Takeaways On Pre-Action Protocols From UK Patent Ruling

By Angela Jack and Emily Atherton (August 30, 2021, 12:02 PM EDT) -- Playing one's cards close to the vest in pre-action discussions can have costly consequences even for a successful party.

Take, for example, the June 17 decision in Add2 Research and Development Ltd. v. dSpace GMGH[1] in the Patents Court of the High Court of Justice of England and Wales. 

The case concerned an allegation by Add2 Research and Development that its patent, EP 1,163,622, had been infringed by dSpace.

This allegation was denied by the defendants, who also alleged that the patent was invalid. The judge ultimately found for the defendants, finding that the patent was invalid — although finding that...

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