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Beyond the widely accepted Harnkatheterset exceptions, the Courts also recognize special circumstances of the individual case: To name only one common constellation, in pharma cases against generics manufacturers, experience shows that the damage to the originator’s pricing is done once the generic drug hits the market. [read post]
6 Jul 2023, 12:52 am by Eleonora Rosati
The Court referred to the principles set out in General Tire v Firestone Tyre regarding the assessment of “negotiating damages”, namely damages reflecting the sum that would have been agreed between a willing licensor and a willing licensee.In applying General Tire, the Court found that the hypothetical negotiations need to be set in the market as it exists, taking into account the commercial realities of the specific situation. [read post]
5 Jul 2023, 4:37 pm by INFORRM
In Sicri v Associated Newspapers Ltd [2021] 4 WLR 9, [2020] EWHC 3541 (QB) (21 December 2020), the plaintiff was arrested in connection with a terrorist bombing of a concert, and the defendant identified him on its website, but he was subsequently released without charge. [read post]
3 Jul 2023, 4:07 am by INFORRM
Media Law in Other Jurisdictions Australia Ben Roberts-Smith will pay defendants’ legal costs in his failed defamation case, ABC reports. [read post]
29 Jun 2023, 7:18 am by Daniel J. Gilman
On June 21, the FTC filed a complaint alleging that: For years, Defendant Amazon.com, Inc. [read post]
29 May 2023, 11:43 am by Kluwer Patent blogger
These provisions, placed today in Chapter V of the UPCA, include the definition of the patent’s owner prerogatives to prevent the direct and indirect use of the invention (Art. 25 and 26), the list of limitations concerning the scope of patent protection, including inter alia, acts done privately or for experimental purposes, the use of biological material for the purpose of breeding, discovering and developing other plant varieties (Art. 27), the condition of the right for prior use… [read post]
26 May 2023, 11:34 am by Howard Knopf
David Lametti – who is mentioned by name by Ms. [read post]
24 May 2023, 6:37 am by Paula Junghans
” DA Bragg alleges that, in October 2016, Trump had attorney Michael Cohen pay adult film actress Stormy Daniels (whose real name is Stephanie Clifford) a $130,000 payment to prevent her from publicizing an alleged sexual encounter she had with Trump. [read post]
22 May 2023, 7:46 am by Eric Goldman
The court summarizes its conclusion on the multi-factor analysis: The three relevant screenshots produced by Plaintiff show clear labeling of Defendants’ entry, using Defendantsname and prominently labelled as an “Ad,” and with no use of Plaintiff’s trademark or confusingly similar language or content. [read post]