Patents can provide the right to exclude others from making a product. But the act of 'making' is not well defined in the Patents Act 1977. So the question of whether or not a patented product is being made by a competitor is one that arises frequently in intellectual property cases.
In this 12-minute video, James Abrahams from 8 New Square gives us a quick masterclass on how the courts will answer this potentially complex question.
The key patent cases James examines are:
United Wire Ltd v Screen Repair Services (Scotland) Ltd  E.N.P.R. 324
Schütz (UK) v Werit (UK) Ltd  Bus. L.R. 565
Nestec SA v Dualit Ltd  EWHC 2737 (Pat)
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