CoreValve Inc v Edwards Lifesciences AG & Anor. EWHC 6 (Pat) (2009) (In the High Court of Justice, Patent Court, London)

Case Description

It was held that the mere fact that the purpose of a use is commercial is no rebuttal of the statutory defence of experimental use. A more complete consideration of the defence requires consideration whether the immediate purpose of the transaction in question is to generate revenue. There is a need to consider the defendant's preponderant purposes.

Decision Year
Case Summary
Post-grant flexibilities