Case Nos: CA-2024-002655/002675/002676 - [2025] EWCA Civ 936

Obviousness: the test on appeal

Since the assessment of obviousness involves a multi-factorial evaluation by the judge, this Court is only entitled to intervene if the judge erred in law or principle: see Actavis v ICOS at [78]-[81]. As the Supreme Court emphasised in Lifestyle Equities CV v Amazon UK Services Ltd [2024] UKSC 8, [2024] Bus LR 532 at [46]-[50] (Lord Briggs and Lord Kitchin), and has recently re-emphasised in Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc [2025] UKSC 25 at [94]-[95] (Lord Briggs and Lord Stephens), it is not enough that this Court might have reached a different conclusion.