NODUS

There was a fantastic turnout for the NODUS Event last night. Colin Bliss QC introduced the speakers for the evening who were Denise McFarlane, Douglas Campbell and Tom Hinchliffe, all of 3 New Square.

Denise McFarlane started off with an instructive presentation on the do's and don'ts of instructing Counsel. In essence the message was not to worry too much about doing things the 'wrong' way or the 'right' way but instead to keep it simple, organised, to ensure good lines of communication with Counsel and to always keep any marked copies that are returned to you by Counsel! Douglas Campbell was second on the podium and spoke on the 'Bolar' exemptions relating to the experimental use of patented products. Douglas surmised that you should obtain the advice of Counsel if you are seeking to rely on the exemption.

Tom Hinchliffe was next to speak and did so on the recent case of Actavis v Merck which dealt with the question of whether the Court of Appeal could decide against its previous judgement in BMS v Baker Norton by which it should be bound. The CA decided that it could and this was partly because the UK case law was in direct opposition to the EPO settled case law in this area. However,  last minute referral to the EPO Enlarged Board was made which cast doubt over the EPO settled issues and as a result, the time for leave of appeal to the House of Lords was extended until after the Enlarged Board has delivered its decision.

The next event will be in December 08. More details will be posted nearer the time.