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28 Mar 2007, 1:14 am
” Full story Verkaik reminds us of the two Immigration judges and the Brazilian cleaner episode and the case being brought against Richards LJ for alleged flashing Lord Chief Justice, Lord Phillips is supporting the establishment of a 24 hour helpline to help judges cope with the stress of judicial office. [read post]
16 Mar 2007, 5:55 am
It would normally follow that, if an employee was employed to innovate, s.39(1)(a) would normally be satisfied regardless of the employee's individual qualities.The IPKat, without access as yet to the full judgment, suspects that he may side with Jacob LJ when he reads the full text - but he's not sure that that's what Parliament originally intended when ss 39 and 42 were passed into law in 1978.Read Pavel Pinkava's inventions, via Esp@cenet, here23 March update: the… [read post]
15 Mar 2007, 2:30 pm
The Honourable Mr Justice Pumfrey has recently delivered a judgment at the Patents Court (available here from BAILII) which is the first regarding patentability under section 1(2) since the Court of Appeal decided the cases of Aerotel/Macrossan (of which much has already been said on this blog, for example here, here and here).Both Mr Cappellini's and Bloomberg's applications* had been refused after respective hearings at the Patent Office in June last year (Cappellini's here,… [read post]
15 Mar 2007, 1:30 pm
It has just been announced that Angiotech have succeeded in their appeal to have their European patent application finally approved, after 12 years of proceedings at the EPO.The patent, relating to Taxol-coated stents (right), had been the subject of opposition by Conor Medsystems, who had appealed the opposition division's decision in favour of Angiotech but failed due to their appeal being inadmissible.This Kat presumes that this will not affect the status of the EP(UK) part of the patent,… [read post]
9 Mar 2007, 1:22 am
Merpel says, when arguing your points before the Court of Appeal and Jacob LJ is there, be sure to keep him happy by ensuring that your submission are "shorn of an encrustation of case references" and that you use plenty of numbering (see para.16 of the judgment).Cigar Cyclopaedia hereMake your own cigars hereHow to smoke a cigar without annoying others hereCigars and cancer here [read post]
27 Feb 2007, 5:14 pm
Some recent related posts: Yale LJ Pocket Part explores white-collar sentencing An informed suggestion that FSG for white-collar offenses are presumptively unreasonable Thoughtful reflection on Skilling sentence Debating life imprisonment for white-collar offenses Are the federal guidelines too tough on white-collar offenders? [read post]
23 Feb 2007, 9:02 am
The difficulty with partially fraudulent claims, which we have been trying to articulate on this blog, has it turns out already been elegantly expressed by Bingham LJ (as he then was) in Saunders v Edwards 1987 1 WLR 1116:"On the one hand it is unacceptable that any Court of Law should aid or lend its authority to a party seeking to pursue or enforce an object or agreement which the law prohibits. [read post]
23 Feb 2007, 5:58 am
This Kat thinks that it certainly does, and also thinks that it mostly comes down to the fourth step of the test for patentability, as approved by Jacob LJ. [read post]
22 Feb 2007, 4:39 am
I just noticed that the Yale Law Journal's Pocket Part has two new pieces exploring the severity of modern white-collar sentences in the federal system: Here is a piece by Ellen Podgor, entitled "Throwing Away the Key" Here is a response from Andrew Weissmann and Joshua Block, entitled "White-Collar Defendants and White-Collar Crimes" Both pieces look like must-reads. [read post]
20 Feb 2007, 9:34 pm
The IPKat says, more importantly - since he (the IPKat, that is - not Jacob LJ) won't be able to attend, he'd like a literate, objective and thoughtful person who is going to be there to offer his services in writing a short note for this weblog. [read post]
18 Jan 2007, 3:00 pm
The Lord Chief Justice has delegated the legal overview of the magistrates' courts to Leveson LJ, so we shall see what changes he has in mind once he has settled in. [read post]
12 Jan 2007, 6:20 pm
, 23 Cardozo Arts & Ent LJ 739, discusses a DIFFERENT Classen case:In Classen Immunotherapies v. [read post]
21 Dec 2006, 6:39 am
"Intermediate generalisation" strikes againThe decision in LG Philips LCD Co Ltd v Tatung (UK) Ltd, Viewsonic Europe Ltd and Number One Services Ltd [2006] EWCA Civ 1774, a Court of Appeal decision of Lord Phillips LCJ and Lords Justices Neuberger and Leveson LJ, was posted on BAILII this morning. [read post]
20 Dec 2006, 3:55 pm
At paragraphs 39 et seq the court - for whom Neuberger LJ delivered the judgment - got to the heart of the appeal, though: "It was argued on behalf of Kent that this conclusion is inconsistent with the view reached by this court in Glaxo Group Limited v Dowelhurst Ltd [2005] ETMR 104 ... [read post]
19 Dec 2006, 11:33 am
Over at the Yale LJ's Pocket Part, Anthony Ciolli, a Penn Law student who is also Chief Educational Director of autoadmit.com, has posted "Much Ado About Nothing: Why Student Scholarship Has Nothing To Fear from Blogs. [read post]
14 Dec 2006, 2:58 pm
Neuberger LJ, was called to the bar in 1974, took silk in 1987, became a High Court judge in 1996 and Court of Appeal judge in 2004. [read post]
7 Dec 2006, 3:43 pm
The claimants appealed and the issue arose as to whether the effect of the judge's order was to allow some of the defendants to recover the cost to them of seeking to maintain what was ultimately a dishonest case.The Court of Appeal, for whom Waller LJ gave the judgment, dismissed the appeal. [read post]
6 Dec 2006, 2:01 am
The IPKat heartily agrees both with the decision and with the observation of Jacob LJ that the fact that 3G technology standards are global does not preclude a single national court from exercising jurisdiction in respect of the matter before it. [read post]
5 Dec 2006, 4:10 am
The answer Jacob LJ gives this time (at para.70) is another "no".3. [read post]