Lord Kitchin applies the "markedly different" infringement approach in Actavis v Eli Lilly in Icescape v Ice-World
Since the landmark UK Supreme Court decision in Actavis v Eli Lilly ( [2017] UKSC 48 ), judges of the lower courts have voiced the need for clarification from the Supreme Court. In a Court of Appeal decision published recently, Icescape v Ice-World ( [2018] EWCA Civ 2219 ), Lord Kitchin, who has been recently elevated to the Supreme Court, applies the principles of Actavis . This Kat looks to see if there are any hints in this decision as to how Lord Kitchin may approach the unresolved issues raised by Actavis in the Supreme Court. The Invention - Cooling apparatus for mobile ice rinks The case at issue was whether Ice-World's patent for a mobile ice rink cooling member EP (UK) 1462755 , was valid and infringed by Icescape. Mobile ice rinks are formed from an arrangement of manifolds and longitudinal pipes . Coolant pumped through the pipes freezes surrounding water to form the skating surface. The apparatus of pipes and manifolds ha...