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ARTICLE · 04 MAY 2020

Arrow Declarations And Refrigerant Technology: Mexichem Vs Honeywell

J A Kemp
J A Kemp
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J A Kemp

J A Kemp

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The UK Court of Appeal has recently issued an interesting decision in Mexichem UK Limited vs Honeywell International Inc relating to Arrow declarations

United KingdomIntellectual Property
J A Kemp LLP
J A Kemp LLP
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The UK Court of Appeal has recently issued an interesting decision in Mexichem UK Limited vs Honeywell International Inc relating to Arrow declarations. This illustrates the availability of such declarations in patent cases relating to any technology and not just to life science inventions where they have previously been deployed by generic and biosimilar companies.

Arrow declarations are used by potential patent infringers to forestall future infringement actions based on yet-to-be granted divisional patents. Essentially the party seeks a declaration that their product (or process) was obvious at the effective date which therefore implies that any patent infringed by that product (or process) must necessarily lack inventive step. They are discussed in more detail in our earlier briefing on Fujifilm Kyowa Kirin Biologics v Abbvie Biotechnology Ltd.

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