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2 Jul 2017, 12:25 pm
Renoncer à solliciter une injonction devant certains fora est possible, mais pas devant tous les fora.La défense contractuelle permettant de contester la renonciation à solliciter une injonction est le principe selon lequel une loi d'intérêt public ne peut pas être contournée par un accord privé (cf. [read post]
25 May 2015, 11:54 am
Moreover, by removing herself from the family home for her own safety, petitioner obviated the need for a further order of protection, so her failure to seek one does not render academic her argument that the order was inadequate (cf., Matter of Alice C. v. [read post]
29 Apr 2016, 9:37 am
Cf., e.g., § 1400(identifying proper venue for copyright and patent suits). [read post]
17 Oct 2013, 5:01 pm
Contrary to the case of universal legal succession, however, the previous party to the proceedings remains entitled and legally obligated as long as the evidence concerning a legal transfer of the party status has not been provided and no corresponding request has been filed with the EPO, because the transfer of party status is only effective when it is requested and proven (see T 870/92 [3.1], which has been confirmed in many later decisions, such as T 956/03 cited by the [patent proprietor];… [read post]
2 May 2023, 3:24 am
Although the provisions on international jurisdiction in the EUTMR are lex specialis in relation to the Brussels I Recast Regulation (cf. [read post]
5 Sep 2013, 5:01 pm
Therefore objections as to lack of clarity against the feature “steady state” are inadmissible because they represent an attempt to raise an objection under A 84 – which is not a ground of opposition – against claim 1 as granted (cf. [read post]
20 Dec 2012, 5:01 pm
It follows, that the following findings of the BoA in the first appeal proceedings (cf. decision T 1399/04) are “res judicata” for the present appeal proceedings: the subject-matter of claims 1-11 as granted is entitled to the claimed priority, relates to patentable subject-matter, finds a basis in the application as originally filed, and is novel over the public prior use disclosed in document OD105 and the disclosure of documents OD2, OD8 and OD12. [read post]
20 Jun 2023, 8:58 am
Furthermore, the jurisdictions of EUIPO and the national courts are exercised in accordance with the principle of the priority of the body seized, i.e. if a counterclaim for invalidity or revocation is brought before a national court first, EUIPO must, absent special circumstances, stay identical proceedings initiated thereafter, and vice versa (cf. [read post]
28 Feb 2023, 8:49 am
It claimed that the underside of the saddle is not visible during normal use, which would mean that it cannot be protected by design law (cf. [read post]
17 Mar 2015, 7:29 pm
In the light of the purpose for which the trust was intended, and the facts and circumstances present herein, the court holds that the trust created by article third of testatrix' will has terminated and the proceeds realized from the sale of the real property are presently distributable in equal shares to testatrix' daughter, Anna, and the estate of testatrix' son, Daniel (cf. [read post]
30 Sep 2024, 8:49 am
The General Court’s role is limited to reviewing the legality of the BoA’s decision (cf. [read post]
OLG Munich decides on GI’s generic character and exploitation of GI reputation in the Habana II case
19 Aug 2024, 10:20 am
This only occurs when only a very insignificant part of the public sees the designation as an indication of the geographical origin of the goods or services, with the burden of proof lying on the alleged infringer.The German public (in this case: “potential buyers of cigar products, which include occasional cigar smokers as well as non-smokers who purchase cigar products as gifts”, cf. para 67 of the ruling) does not perceive “Cubano”, “Habano” and their… [read post]
3 Oct 2014, 8:52 am
In this regard, the instructions given in the Letter of Pope Benedict XVI (cf. [read post]
25 Jul 2017, 8:29 am
The appellant submitted that "for each channel to be generated a configuration element may indicate which difference the levels of two of these channels have" (cf. statement of grounds, page 4, last two lines). [read post]
30 Oct 2020, 1:39 pm
Cf. [read post]
3 Jun 2013, 5:01 pm
However, no comparative tests were provided with respect to these examples.It is additionally noted that document D7 specifically discloses further DMTD-based metal passivator components B-5, as outlined above in point [3.2] (cf. formula (XXIV), R’ = isopropyl, hexyl, decyl). [read post]
20 Oct 2013, 5:01 pm
.*** Translation of the German original ***[3.1] The [patent proprietor] held the view that document MF1 was not an advertising booklet (Werbebroschüre) but a product data sheet, so that, according to the case law of the Boards of appeal (T 278/09 and T 804/05) one could not assume that document had been broadly distributed (allgemein verteilt).According to the case law of the Boards of appeal it is not sufficient to merely weigh the probability of the public availability of an allegedly… [read post]
10 Jun 2014, 6:07 am
Historically it hasn’t been much of a problem, but not always, and in recent years it can be difficult (cf. 1201 overruling on access to print disabilities). [read post]
12 Feb 2018, 6:13 pm
”); cf. [read post]
