Growing judicial support for a ‘Formstein’ defence in English patent litigation

Bethany Pendock, Krishna Kakkaiyadi and Sarah Taylor

Journal of Intellectual Property Law and Practice, 2021, vol. 16, issue 11, 1163-1164

Abstract: Facebook Ireland Limited v Voxer IP LLC [2021] EWHC 1377 (Pat), 26 May 2021The English Patents Court has considered the effects of a Formstein defence in the context of an infringement argument based on the doctrine of equivalents and has opined that a successful Formstein defence should result in a finding of non-infringement rather than a finding that the patent is invalid.

Date: 2021
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