An all-Hogarth team of Richard Davis KC, Guy Tritton, Nick Zweck and Laura Adde appeared in Well Lead v CJ Medical, a medical device case involving interesting issues of patent construction, including the meaning of ‘embodiment’ versus ‘invention’, and the third Actavis question, to which the judge found that the answer was ‘yes’. The judgment is available here.

This is the second recent case to make a positive finding on the third Actavis question – the same conclusion was reached last week in Salts v Pelican, in which Richard Davis KC and Laura Adde also appeared. That judgment is available here.

Positive decisions on this important aspect of the law, including the ‘disclosed but not claimed’ principle, have been relatively rare, so these judgments will be of interest to those seeking to understand the limits of the doctrine of equivalents.