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13 Feb 2017, 8:11 am by Marty Miller
Patent Exhaustion The Supreme Court reaffirmed the doctrine of patent exhaustion in 2008: “[t]he authorized sale of an article that substantially embodies a patent exhausts the patent holder’s rights and prevents the patent holder from invoking patent law to control postsale use of the article. [read post]
13 Feb 2017, 8:11 am by Marty Miller
Patent Exhaustion The Supreme Court reaffirmed the doctrine of patent exhaustion in 2008: “[t]he authorized sale of an article that substantially embodies a patent exhausts the patent holder’s rights and prevents the patent holder from invoking patent law to control postsale use of the article. [read post]
13 Feb 2017, 8:11 am by Marty Miller
Patent Exhaustion The Supreme Court reaffirmed the doctrine of patent exhaustion in 2008: “[t]he authorized sale of an article that substantially embodies a patent exhausts the patent holder’s rights and prevents the patent holder from invoking patent law to control postsale use of the article. [read post]
28 Jan 2014, 3:40 am
However, he thinks it most undesirable that a court should be able to order the release of goods which infringe a registered design right (or any other IP right) into the market in which they infringe. [read post]
15 Jan 2019, 1:24 am by Jani Ihalainen
The Advocate General did, however, note that as the copyright holder in this case is a Member State, it does not enjoy the same rights as the people living in that Member State. [read post]
31 Oct 2014, 6:18 am
Supreme Court decision given in Jun 2014 in the case of Alice v CLS, which arguably makes it more difficult to obtain business method patents. [read post]
26 Jun 2014, 4:22 am
Where a passing off case is equivalent to a trade mark case, the rights holder may be entitled to all profits earned on the ground that the distinguishing mark enables all of the sales. [read post]
15 Jan 2019, 1:24 am by Jani Ihalainen
The Advocate General did, however, note that as the copyright holder in this case is a Member State, it does not enjoy the same rights as the people living in that Member State. [read post]
22 Jan 2015, 4:33 am
 Indeed, Vogue was right and in fact today the Court of Appeal issued its decision in Fenty v Arcadia, confirming Birss J's judgment and holding that "the sale by Topshop of the t-shirt amounted to passing off. [read post]
30 Jul 2013, 2:00 am
 He stated that  "You don't need to fix the patent system - it's not broken. [read post]
10 Jan 2020, 12:24 am
Moreover, he points out that the rights the defendant have infringed are available to be licensed in the UK, which would easily solve all the practical problems at a stroke. [read post]