Conor v Angiotech
I was fortunate to be able to attend the Conor v Angiotech ‘appeal’ this Wednesday at UCL’s main London campus. The event was a mock appeal of The House of Lords decision  UKHL 49 which upheld the validity of a patent granted to UBC and to Angiotech, a UBC spinoff, on a drug eluting stent used for treating or preventing recurrent stenosis.
The UK patent was challenged successfully at trial and at the Court of Appeal on the grounds of obviousness. However, The House of Lords overturned the lower court decision, upholding the validity of the patent. The decision has since been widely applied in the UK, and has influenced Canadian patent law as well.
For the mock appeal the Rt Hon. Professor Sir Robin Jacob acted on behalf of the appelants while the Rt Hon Professor Lord Hoffmann defended the House of Lord’s decision he himself had penned on behalf of the Respondent. Canada was well represented, thanks to Justice Rothstein of the Supreme Court of Canada who was present to act as the presiding judge. Overall it was a pleasure to observe such distinguished lights in the patent community, and a very informative event.