About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

286 Managing Intell. Prop. 45 (2020)
Will Arrow Relief Take Flight?

handle is hein.journals/manintpr286 and id is 47 raw text is: Will Arrow relief take flight? P tie Ca1sa Kide and BI mi R tof o e ber consider the implications of the latest in a line of decisions from the England and Wales courts on Arrow relief ~ n April 1 2020, the England and Wales Court of Appeal issued an interesting decision in Mexichem v Honeywell re- lating to Arrow declarations. The case expands the scope of such declara- Thi Eni nd and tions and illustrates that they could be -t I sought in patent cases across any subject matter, not just d -f I HHn J in the life sciences industry, in which they have featured I icm, to date. wH e b Hfe to 1t Arrow relief and scope Arrow declarations are used by potential patent in- it nIts. T -c fringers to forestall future infringement actions based tH there nh on yet-to-be granted divisional patents. Essentially the Arrow decrarat '--I potentially infringing party seeks a declaration that its f ted T-s ofoad fli product (or process) was old or obvious at the priority ro -f relating-to W date which therefore implies that any later patent in- of 1 d I~ step Ip fringed by that product (or process) must necessarily f s It be anticipated or lack an inventive step. t-eP The number of cases in which an Arrow declaration has tI ee been sought is low. These are summarised in the time- disio I- uld Isl A line on the following page. The Mexichem v Honeywell decision fo:-_f :ft natL e of tea s The facts in brief In ved Honeywell was the proprietor of six patents relating to compounds used in refrigeration systems, and in SUMMER 2020 ManaginglP.com 45

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most