In an application to serve out of the jurisdiction, the High Court has interpreted section 100 of the Patents Act 1977 which relates to the burden of proof in infringement cases relating to patents for a process producing a new product. (Magnesium Elektron Ltd v Molycorp Chemicals & Oxides (Europe) Ltd and another [2015] EWHC 3596 (Pat), 15 December 2015.)

NOTE: In November 2017 the High Court considered further issues in these proceedings, relating to disclosure and confidentiality (see Legal update, High Court gives guidance on disclosure and confidentiality in relation to experiments and testing in patent action). (See details of Practical Law IP&IT and Media & Telecoms policy on annotating case reports.)