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12 Nov 2012, 1:20 pm
Canon Business Solutions, Inc. [read post]
14 Mar 2013, 4:00 am
Claim construction consists of the following: Read the patent as a whole, and construe the claims in the context of the patent (Chapter 6.7.2.1). [read post]
7 Nov 2016, 1:15 am
The panel will be Lord Neuberger, Lady Hale, Lord Mance, Lord Sumption, Lord Carnwath, Lord Hughes, and Lord Toulson. [read post]
26 Nov 2013, 2:47 pm
SAS Institute Inc v World Programming Ltd [2013] EWCA Civ 1482 is a Court of Appeal, England and Wales, ruling from last week on an action that seems to have been going on for rather a long time -- which indeed it has. [read post]
18 Mar 2011, 9:04 am
So too, there is the very real potential for trivial claims to be struck under Dow Jones & Co Inc v Jameel [2005] EWCA Civ 75, [2005] QB 946 for abuse of process. [read post]
27 Feb 2009, 5:00 am
Teva Parenteral Medicines Inc. et al. [read post]
27 Oct 2016, 3:13 am
Lord Clarke considered that having regard to “the true construction of the charter [and the] commercial purpose of the clause“, the Vessel was to be on-hire throughout the period of charter, but for some reason associated with NYK or the Vessel. [read post]
28 Jun 2015, 5:34 am
As mentioned above, in comparable situations much of the UK caselaw directs a construction based on accuracy to significant figures, rather than a “whole numbers” approach. [read post]
21 Jul 2016, 1:54 pm
Macferlan.[4] In that case, even though the defendant had not committed what we would today call a tort or a breach of contract, Lord Mansfield held that the plaintiff could still recover money in an action of assumpsit: “In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money. [read post]
22 May 2014, 7:16 pm
“Legal grammar is a constructed grammar and displays itself as such. [read post]
2 Nov 2010, 7:57 am
Mr Justice Kitchen, sitting in the Court of Appeal with Lord Justice Jacob and Longmore, dismissed the appeal in the case of Softlanding Systems Inc v KDP Software Limited and Unicom Systems Inc ([2010] EWCA Civ 1172) last week. [read post]
3 Jun 2015, 7:06 am
It showed a top and side view of the septic tank; details relating to its lid and rise; and matters concerning its construction. [read post]
7 Nov 2014, 5:52 am
Teva Pharmaceuticals USA, Inc., 819 F. [read post]
18 Dec 2006, 7:28 am
Merpel says, although this looks like a case where prudent drafting would have protected the ex-employer, it's also an instance where prudent drafting would have helped the ex-employee too - it's a classical situation in which the aggrieved former employer will sue even though the outcome is uncertain-to-poor, if only to deter other employees from doing the same thing.Teeth continue to bite the dustAlso available on BAILII is the Court of Appeal's most recent decision in the… [read post]
19 Oct 2023, 4:00 am
DRAFTING, INTERPRETING, AND APPLYING LEGISLATION Authors: John Mark Keyes; Wendy Gordon Editor: Gregory Tardi Publisher: Irwin Law Inc. [read post]
24 Jun 2019, 11:07 am
Fox Television Stations, Inc., 556 U. [read post]
6 Dec 2023, 12:24 pm
Creston Moly Corp., 2014 SCC 53 [47] Regarding the first development, the interpretation of contracts has evolved towards a practical, common-sense approach not dominated by technical rules of construction. [read post]
12 Aug 2010, 9:09 am
Gemsco, Inc. v. [read post]
3 Aug 2009, 6:18 am
(Afro-IP) Spain War against piracy rages on – 2008 statistics (Class 46) Madrid Court of Appeals issues judgment on trade mark cancellation involving unregistered artistic name (Class 46) Sweden Controversy over Disney cartoon storyline in which Donald Duck infringes copyright, gets caught, repents (Innovationpartners) United Kingdom House of Lords: Matthew Fisher, one time organist in Procul Harum, wins copyright lawsuit despite 38 year delay in… [read post]
22 Jul 2011, 10:06 am
London County Council (1898 AC 375) the House of Lords laid down that its decision upon a question of law was conclusive and would bind the House in subsequent cases and that an erroneous decision could be set right only by an Act of Parliament. ... ... ... [read post]