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27 Jul 2020, 1:02 am
The second post in this academic spotlight miniseries [see here for part I on NPE activity] is on a study by Jean-Sébastien Borghetti, Igor Nikolic and Nicolas Petit, entitled 'FRAND licensing levels under EU law' [here]. [read post]
11 Dec 2017, 5:01 am
Cf. [read post]
3 Jun 2022, 6:30 am
But though there are many instances of counterfactual reasoning in determining whether a foul was committed (instances of 'no harm no foul', cf. pp. 201-208), rarely do officials engage in the sort of speculative counterfactual reasoning to determine the likely outcome of the play absent the foul, especially if determining this outcome involves subsequent actions by other players. [read post]
21 Sep 2017, 6:15 am
(cf. [read post]
17 Dec 2013, 5:01 pm
The reasoning was thatthere was a change in the subject of the proceedings due to the filing of new claims together with the statement of grounds; and thatthe statement of grounds set out in detail why the raised grounds for opposition did not prejudice the maintenance of the patent as amended on the basis of these new claims (cf. in particular T 717/01 [2]; T 934/02 [2], referring to J xx/87[1.4] and T 105/87).[2.4.4] In the board’s view, it is certainly arguable that appeals should… [read post]
25 Feb 2021, 5:32 am
Concerning the notion of abuse, the Court repeated its two-pronged concept of abuse from FRAND-Einwand (cf. here). [read post]
11 Sep 2018, 11:08 am
Cf. [read post]
27 Dec 2012, 3:47 pm
Cf. [read post]
21 Feb 2013, 5:01 pm
Such a harmonization can only be secured by way of an autonomous interpretation of the provisions and legal terms of the EPC by the Board. [1.8.4] Even if there were circumstances recognized by the German civil law courts in which a prior written warning (“Abmahnschreiben”) could be dispensed with before commencing a law suit for a declaration of non-infringement of a patent, and even if the EPO and the Boards of Appeal might in their findings consider the practice of the national… [read post]
15 Jul 2024, 12:43 am
MPLC [C-723/22]The first referral (case C-723/22, commented by The IPKat here) was made by the Higher Regional Court of Munich (OLG Munich) in the proceedings between Citadines Betriebs GmbH (Citadines), the operator of a hotel, and MPLC Deutschland GmbH (MPLC), an independent collecting society.The proceedings concern an alleged infringement by Citadines of the exclusive right of communication to the public that MPLC holds over an episode of a television series broadcast on a public television… [read post]
29 Apr 2015, 8:57 am
Sierra Club Statement On The Vatican Climate Summit <> Court Declares Vermont's Genetically Engineered Food Labeling Law Constitutional - Center for Food Safety (CFS) hailed the just-issued federal court decision from the U.S. [read post]
24 Jan 2024, 11:42 am
To that end, states that are both friends and critics of China lined up to provide their 45 second assessments (here, cf. here). [read post]
29 May 2019, 8:19 am
Provisional reality—the many—is mithyā, neither real (sat), nor unreal (asat) (cf. [read post]
18 Apr 2013, 5:01 pm
Swiss-type claims are a dying species, but from time to time we still have decisions dealing with them.Claim 1 of the main request before the Board read (in English translation):Use of an active substance in the form of microcrystals or microgranules comprising a coating that masks their taste and a mixture of excipients, wherein the mixture of excipients comprises one or more disintegrating agents and one or more swelling agents or soluble agents, for the manufacture of a rapidly disintegratable… [read post]
14 May 2019, 3:21 pm
But cf. [read post]
5 Jul 2022, 7:30 am
Cf. [read post]
7 Feb 2017, 8:48 am
At times a rule removes so many factors from consideration that a decision-maker may relax almost completely [cf. routines, habits, and rituals], making decisions that require virtually no effort whatsoever [I wonder if it is even proper to characterize such cases as ‘decision-making’]. [read post]
11 Mar 2019, 8:27 pm
(Pix © Larry Catá Backer 2019)I have just posted a draft of a new essay: "The Cri de Jessup Sixty Years Later: Transnational Law’s Intangible Objects and Abstracted Frameworks Beyond Nation, Enterprise, and Law. [read post]
30 Apr 2016, 7:37 am
[Note that this position may imply that federal mortgage insurance is a violation of the First Amendment; the justifications at least included that being a homeowner increases people’s involvement in the community, self-regard, and motivation to work—cf. the more recent discussions of the “ownership society. [read post]
