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10 Jan 2010, 7:14 am
Underpinning the decision in this case are two key cases, N v Home Secretary [2005] UKHL 31 and D v United Kingdom (1997) 24 EHRR 423. [read post]
2 Jan 2010, 7:06 am
Lords Valley Xtra, 2009 WL 2430339 (C.P. [read post]
28 Dec 2009, 12:00 am
You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/ Highlights this week included: Lord Lucas proposes new UK Copyright, Designs and Patents Act 1988 section to provide remedy for groundless copyright threats (1709 Copyright Blog) (Techdirt) US CAFC scraps point of novelty for design patents: International Seaway Trading Corp. v Walgreens (Washington State Patent Law Blog) (Inventive… [read post]
24 Dec 2009, 3:55 am
' Is the principle of state sovereignty challenged not only by a single people, but also by international organizations? [read post]
23 Dec 2009, 10:00 am
The apparent contradiction within the House of Lords’ decision might be explained by the numerous Turkish cases they cite: Karaduman v Turkey (1993) 74 DR 93, Kalaç v Turkey (1997) 27 EHRR 552, and most importantly, Sahin v Turkey (2005) 41 EHRR 8, which was heard before the ECtHR. [read post]
23 Dec 2009, 5:12 am
J noted that R v Purdy suggested that the UKSC would offer some assistance where a recent judgment was inconsistent with subsequent ECHR judgments (see also Secretary of State for the Home Department v AF (No 3) [2009] 3 WLR 74, cited by Lord Brown in Horncastle at [118], referring to the wonderful sentence of Lord Rodger: ""Argentoratum locutum, iudicium finitum - Strasbourg has spoken, the case is closed. [read post]
23 Dec 2009, 5:12 am
J noted that R v Purdy suggested that the UKSC would offer some assistance where a recent judgment was inconsistent with subsequent ECHR judgments (see also Secretary of State for the Home Department v AF (No 3) [2009] 3 WLR 74, cited by Lord Brown in Horncastle at [118], referring to the wonderful sentence of Lord Rodger: ""Argentoratum locutum, iudicium finitum - Strasbourg has spoken, the case is closed. [read post]
22 Dec 2009, 2:42 pm
The existence of last week's ruling of the Court of Appeal for England and Wales (Lord Neuberger of Abbotsbury MR, Jacob LJ and Richards LJ) in Dr Reddy's Laboratories (UK) Limited v Eli Lilly and Company Limited [2009] EWCA Civ 1362 has already been noted on this weblog, but not much has been said about its substance. [read post]
18 Dec 2009, 9:47 am
That proposition was effectively trumped by Terry Gallivan, Counsel for Islington, who relied on the contrary proposition in Akinbolu v Hackney LBC (1997) 29 HLR 259, 269 as well as that old chestnut R v Sec of State for the Environment ex p Tower Hamlets LBC [1993] QB 632, 643, neither of which had been cited to Collins J. [read post]
18 Dec 2009, 9:47 am
That proposition was effectively trumped by Terry Gallivan, Counsel for Islington, who relied on the contrary proposition in Akinbolu v Hackney LBC (1997) 29 HLR 259, 269 as well as that old chestnut R v Sec of State for the Environment ex p Tower Hamlets LBC [1993] QB 632, 643, neither of which had been cited to Collins J. [read post]
18 Dec 2009, 6:33 am
to pay 23% ongoing royalty for future infringement: Creative Internet Advertising Corp. v. [read post]
16 Dec 2009, 5:01 am
On the evidence, that defence was bound to fail.The Court of Appeal (Lords Justices Rix, Jacob -- who gave the judgment to which all three judges contributed -- and Patten) dismissed Lucasfilm's appeal but allowed Ainsworth's in part. [read post]
14 Dec 2009, 8:35 am
Y, the defendant in X v. [read post]
11 Dec 2009, 8:13 am
The House of Lords decision in Jones v. [read post]
11 Dec 2009, 4:08 am
– open letter to Lord Mandelson urging removal of clause 17 from Digital Economy Bill (1709 Copyright Blog) United States US General US Department of Justice: Microsoft documentation ‘substantially complete’ (Ars Technica) US Patents – Decisions CAFC finds specific case where claims need not be construed before determining validity: Perfect Web Techs, Inv v InfoUSA, Inc (GRAY on Claims) District Court E D Texas: Apple loses… [read post]
8 Dec 2009, 12:00 am
The Law Lords grappled with this question in 2007 in the case of Johnston v NEI International Combustion Ltd ([2007] UKHL 39). [read post]
6 Dec 2009, 5:16 pm
Ottawa Citizen and the 2006 House of Lord's decision, Jameel v. [read post]
6 Dec 2009, 5:06 pm
Ottawa Citizen and the 2006 House of Lord's decision, Jameel v. [read post]
4 Dec 2009, 1:42 am
 As Lord Justice Burnton noted: The assets of the Company are in India; its affairs are subject to the jurisdiction of the courts in India; the events that gave rise to this litigation took place in India; and the individual parties, the witnesses and evidence are in India. [read post]
3 Dec 2009, 12:13 am
They've cited, most recently, the Court's 5-4 decision this year in Ashcroft v. [read post]
