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286 Managing Intell. Prop. 45 (2020)
Will Arrow Relief Take Flight?

handle is hein.journals/manintpr286 and id is 47 raw text is: Will Arrow relief take flight? P tie Ca1sa Kide and BI mi R tof o e ber consider the implications of the latest in a line of decisions from the England and Wales courts on Arrow relief ~ n April 1 2020, the England and Wales Court of Appeal issued an interesting decision in Mexichem v Honeywell re- lating to Arrow declarations. The case expands the scope of such declara- Thi Eni nd and tions and illustrates that they could be -t I sought in patent cases across any subject matter, not just d -f I HHn J in the life sciences industry, in which they have featured I icm, to date. wH e b Hfe to 1t Arrow relief and scope Arrow declarations are used by potential patent in- it nIts. T -c fringers to forestall future infringement actions based tH there nh on yet-to-be granted divisional patents. Essentially the Arrow decrarat '--I potentially infringing party seeks a declaration that its f ted T-s ofoad fli product (or process) was old or obvious at the priority ro -f relating-to W date which therefore implies that any later patent in- of 1 d I~ step Ip fringed by that product (or process) must necessarily f s It be anticipated or lack an inventive step. t-eP The number of cases in which an Arrow declaration has tI ee been sought is low. These are summarised in the time- disio I- uld Isl A line on the following page. The Mexichem v Honeywell decision fo:-_f :ft natL e of tea s The facts in brief In ved Honeywell was the proprietor of six patents relating to compounds used in refrigeration systems, and in SUMMER 2020 ManaginglP.com 45