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19 Apr 2017, 4:05 pm by INFORRM
Judgment Delivering the judgment on behalf of all members of the Court, Lord Neuberger addressed three issues in relation to the article 10 argument: Whether domestic law should reflect the Strasbourg Court’s decision in MGN v UK (2011) 53 EHRR 5 such as to lay down a general rule that: “where a claim involves restricting the defendant’s freedom of expression, then at least where the defendant is a newspaper or broadcaster, it would … normally infringe the… [read post]
21 Jul 2022, 8:20 am by Brian Cordery (Bristows)
The law in this regard was summarised by Arnold J in Jarden Consumer Solutions (Europe) Ltd v SEB SA [2014] EWHC 445 (Pat) at [103]: “[103] As Kitchin LJ and Sir Robin Jacob said in their joint judgment in Gedeon  Richter plc v Bayer Pharma AG[2012] EWCA Civ 235, [2013] Bus LR D17 at [61], ‘it is trite law that… the older (from the priority date of a patent under attack) a piece of prior art said to render a patent obvious, the harder it is to show… [read post]
9 Jun 2009, 12:07 pm
  Such has been the fate of U.S. v. [read post]
1 May 2023, 7:46 am by INFORRM
On the same day, Linden J heard the trial of a preliminary issue in the libel case of Evans v McMahon and Kerr J heard an appeal in the case of Samuels v Laycock. [read post]
21 Dec 2015, 12:14 pm by Eugene Volokh
Last Friday, the Seventh Circuit handed down an interesting opinion about libel injunctions in McCarthy v. [read post]
13 Aug 2019, 1:21 am by Jani Ihalainen
Luckily (or unluckily) the CJEU has finally handed down its judgment very recently.As a short primer, the case of Pelham GmbH v Ralf Hütter and Florian Schneider‑Esleben concerned the song "Metall auf Metall" created by the band Kraftwerk, which comprises of the respondents Hütter and Schneider‑Esleben. [read post]
25 Jan 2017, 4:51 am
 This was - in a nutshell - the issue on which the Polish Supreme Court had sought guidance from the Court of Justice of the European Union (CJEU) in OTK v SFP, C-367/15.This morning, contrary to the earlier Opinion of Advocate General Sharpston, the CJEU answered in the negative, holding that [para 28] "the fact that Directive 2004/48 does not entail an obligation on the Member States to provide for ‘punitive’ damages cannot be… [read post]
13 Aug 2019, 1:21 am by Jani Ihalainen
Luckily (or unluckily) the CJEU has finally handed down its judgment very recently.As a short primer, the case of Pelham GmbH v Ralf Hütter and Florian Schneider‑Esleben concerned the song "Metall auf Metall" created by the band Kraftwerk, which comprises of the respondents Hütter and Schneider‑Esleben. [read post]
15 Jan 2020, 1:00 am
  Navigating the Enforcement DirectiveA week before Christmas, the Court of Justice of the EU handed down its judgment in IT Development SAS v. [read post]