Omnibus claims continue to be effective

Omnibus claims are added to patents in some jurisdictions as a catch all warning to potential infringers. They generally take the form of “the product/method substantially as described with reference to the drawings and/or examples”.   In the recent case of Reckitt Benckiser Healthcare (UK) Ltd v GlaxoSmithKline Australia Pty Ltd (No 5) [2015] FCA 486, the trial judge found for the defendant, that