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5 Mar 2015, 6:45 pm
And when he provided that if his wife is dissatisfied with the provision made for her hereunder or refuses to accept the provision made hereunder she shall be entitled to her statutory share of my estate' he intended to give his wife a choice to take the benefits of the trust provision or her intestate share (Matter of Golder, 3 Hun 441; Matter of Owens' Estate, 186 Misc. 777, 65 N.Y.S.2d 221; Matter of Gahan's Will, 276 App.Div. 647, 97 N.Y.S.2d 232; 36 A.L.R.2d 151, 168;… [read post]
14 Mar 2013, 6:01 pm
The fact that D8 and D9 mention the DIN34 (cf. [read post]
26 Nov 2013, 5:01 pm
”Unsurprisingly, the Board dismissed the appeal.[2] It is undisputed that the applicant’s letter of 9 November 2011 was an unambiguous withdrawal of the application.[3] According to decision J 19/03 [5],“[T]he jurisprudence of the Boards of Appeal took as a starting point that, as a general rule, an applicant is bound by its procedural acts notified to the EPO provided that the procedural statement was unambiguous and unconditional (cf. [read post]
17 Dec 2015, 11:40 am
Cf. id. at 419 (cautioning against confining theobviousness analysis using formalistic rules). [read post]
13 May 2020, 6:43 am
It continues to develop the idea of entanglement between plural systems of law and governance (cf., here). [read post]
15 Jan 2015, 10:35 am
Cf. [read post]
15 Aug 2013, 2:36 pm
Gill, 56 Ill.2d 139 (1973) (where the original proceedings were in rem, the divorce decree reserved jurisdiction to order support, and the court later acquired personal jurisdiction over the payor); In re Marriage of Cuberly, 135 Ill.App.3d 55 (5th Dist. 1985) (where the original proceedings were in rem, the divorce decree was completely silent on the issue of child support, and the court later acquired personal jurisdiction over the payor); cf. [read post]
19 Jan 2015, 1:53 pm
Turza, 738 F.2d 682 (7th Cir. 2013) (Judge Posner rejecting trial judge’s unilateral decision to seize residue of a settlement and award it to Legal Aid as “cy pres”); Cf Redman v. [read post]
10 Apr 2023, 3:20 am
This is because the "subject-matter of the European patent" (cf. [read post]
20 Apr 2018, 1:06 pm
IRAP (cf. pp. 47 and 48). [read post]
31 Aug 2020, 11:57 am
Almeda, 189 Conn. 303, 455 A.2d 1326; cf. [read post]
11 May 2020, 8:18 pm
The commissioners, in turn, also gave credit to the committee for recommending at its April meeting that the SEC implement temporary Reg CF relief. [read post]
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]
8 Feb 2021, 1:37 am
In view of the information provided by the respondent, the appellant had no reason to doubt that the annotated version of auxiliary request 3 was correct and matched the clean version.8.4 While in view of these considerations the board has no doubt that both parties acted in good faith, account needs to be taken of the principle of protection of legitimate expectations, under which users of the European patent system should not suffer a disadvantage as a result of having relied on erroneous… [read post]
7 Jun 2024, 4:52 am
While there is evidence that many people with Long COVID symptoms have improved by 12 months, data beyond that time frame is limited but suggestive that recovery might plateau or progress at a slower rate.Socioeconomic status, geographic location, health literacy, and race and ethnicity all affect access to health care — and have contributed to disparities in access to COVID-19 testing, vaccination, and therapeutics, including treatments for acute infection and specialized rehabilitation… [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]
2 Nov 2019, 2:53 am
As for their use in the outline paintings, the Court considered that this was use "other than for the purposes of distinguishing goods or services" which, under Article 2.20(2)(d) Benelux Convention on Intellectual Property, may be forbidden if it (i) unfairly profits from or damages the repute of the sign, and (ii) does so without "due cause" [cf. [read post]
4 Apr 2021, 9:41 am
Or, to put it differently, a patent infringer bringing or threatening with a motion for an ASI can generally not be considered a sufficiently willing licensee within the meaning of the jurisprudence of the Court of Justice of the European Unoin and the Federal Court of Justice (cf. [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]
27 Mar 2013, 6:01 pm
Apart from that, the fact that the appellant is not required to come up with new arguments does not mean that the decision under appeal should not be addressed at all. [1.5] Decision T 934/02 [2] found an appeal to be sufficiently substantiated even in the absence of arguments dealing with the contested decision if two criteria were met: “(i) The subject of the proceedings has changed e.g. due to the filing of a new set of amended claims together with the statement of grounds, and (ii) The… [read post]
