As in previous Updates, we have summarised in the tables below the outcomes of the first and second instance patent infringement and invalidity decisions for 2007 and 2008 and the first instance decisions for the first few months of 2009.

The main trends observed over this period are firstly a smaller proportion of litigated patents being found invalid for obviousness at first instance and second, a smaller proportion of litigated patents being found invalid.

These trends are certainly consistent with the anecdotal evidence that the English courts are more inclined to maintain the validity of patents than in the past.

In December 2007, Mr Justice Pumfrey sadly died shortly before taking up his new appointment in the Court of Appeal. Mr Justice Floyd had previously been appointed as the second Patents Judge in October 2007. Finally, in October 2008, as a consequence of the number of patent actions being heard by the Patents Court, Mr Justice Arnold was appointed as a third Patents Judge.

To view tables click here.