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  The UK court assesses PIs by asking three (or four depending how you break them down) questions (arising from American Cyanamid): (1) is there a serious issue to be tried / is there an arguable case? [read post]
30 Jun 2023, 4:00 am by Jim Sedor
Judges said they usually found the rules clear on what to report, what gifts to refuse, and when to step down from a case. [read post]
  He also felt that the inconsistency between the value of the entire SEP universe (referred to by him as the “Stack”) implied by the Optis comparables and the assumption that the aggregate royalty burden of the Stack was 15% meant that the top-down cross checks failed in any event. [read post]
12 Jun 2023, 12:54 pm by Stuart N. Brotman
Brotman is the Alvin and Sally Beaman Professor of Journalism and Electronic Media Enterprise and Leadership at the University of Tennessee, Knoxville. [read post]
5 Jun 2023, 5:18 am by Matthieu Dhenne (Ipsilon)
Not always easy for us, when you consider that the first among us to use the system will set precedent and, perhaps, go down in history in the space of an instant. [read post]
5 Jun 2023, 5:18 am by Matthieu Dhenne (Ipsilon)
Not always easy for us, when you consider that the first among us to use the system will set precedent and, perhaps, go down in history in the blink of an eye. [read post]
1 Jun 2023, 11:53 am by Maike Lorenz (Hoffmann Eitle)
The GC agreed with the Board of Appeal of the EUIPO, which found that trademark protection of “Emmentaler” for “Cheeses with the protected designation of origin ‘Emmentaler’” was to be refused in particular on the absolute grounds for refusal laid down in Article 7(1)(c) EUTMR. [read post]
31 May 2023, 3:00 pm by Kluwer Patent blogger
The line-up is far from complete, but it does give an interesting impression of the ups, downs, doubts, controversies, steps forward ànd back, opinions, optimistic and pessimistic observations that have accompanied the process towards today’s historic birth of the Unified Patent Court and the Unitary Patent. 2014 ‘There are no disadvantages to the Unitary Patent’ 2015 Boost for Unitary Patent Package: CJEU dismisses Spanish challenge Italy wants to join the Unitary… [read post]
25 May 2023, 12:58 pm by Kluwer Patent blogger
It needs to be made clear that already communicated periods during which the CMS will be down due to maintenance reasons do not give rise to this scenario, including the maintenance of the 31st May to promote entry into force functionalities. [read post]
12 May 2023, 4:31 am by Kluwer Patent blogger
   This pressure has caused a slowing down of its functionalities, sometimes even impeding the filing of opt-outs. [read post]
11 May 2023, 2:21 am by Aida Tohala (Bristows)
On 4 May 2023, a mere two weeks after the conclusion of the hearing, the Court of Appeal handed down its decision in Sandoz and Teva v BMS. [read post]
3 May 2023, 10:45 am by Christopher G. Hill
This week’s guest post Friday post is by Sally Davison. [read post]
27 Apr 2023, 2:43 pm by Roya Ghafele (OxFirst)
It remains unclear how this FRAND determination will be made, but the focus on aggregate royalty rates for standards would indicate the competence centre might adopt a top-down approach. [read post]
27 Apr 2023, 9:22 am by Miquel Montañá (Clifford Chance)
As mentioned, it is simply not possible to examine the requirements laid down in article 3 of the Regulation without determining the “scope” or “extent” of protection first. [read post]
  This lead to the conclusion that the alleged invention was not rendered plausible across the claim scope under ab initio plausibility or ab initio implausibility (so it did not matter that this judgment was handed down just days before the G2/21 EBA decision). [read post]
Top-down cross-check The judge found that there was “no value” in InterDigital’s top-down cross-check “in any of its guises” (paragraph 945). [read post]
27 Mar 2023, 8:18 am by Nicholas Round (Bristows)
Top-down cross-check The judge found that there was “no value” in InterDigital’s top-down cross-check “in any of its guises” (paragraph 945). [read post]
27 Mar 2023, 7:20 am
She put 500K down and the bank has a 1.7-million-dollar mortgage and interest in her beautiful home. [read post]
18 Mar 2023, 11:30 am by Janice Bereskin (Bereskin & Parr LLP)
It is also normal to have ups and downs in our engagement and career paths. [read post]