Publication
Patent stakeholders beware shifting terminal disclaimer practice
The Federal Circuit made waves in the obviousness-type double patenting pool last summer with its decision in In re: Cellect, LLC.
United Kingdom | Publication | September 2022
The claimants' case was that the Authority’s decision breached its statutory duty to compile, maintain and publish the RPI every month, and that it had misinterpreted the legislation by treating the impacts on pensions and pension funds as legally irrelevant to its statutory functions, and that it had failed to consult appropriately.
This is a curious case as, even if the claimants had been successful, the decision would only have been remitted back to the Authority, broadly because of a breach of process. The Authority could have come to the same conclusion. The impact of this decision on schemes, along with the eventual change in the calculation basis of the index to CPIH, will depend on their pension increase rules and their investment strategy.
Publication
The Federal Circuit made waves in the obviousness-type double patenting pool last summer with its decision in In re: Cellect, LLC.
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