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11 Sep 2019, 1:00 pm
This notion may come as a surprise to patent practitioners but, if adopted by the CJEU, could result in a more liberal application of the two-part test, as resorting to the entire prior art available at the effective date of the patent – rather than merely the skilled person’s common general knowledge – could mean that considerably more specific embodiments will be derivable from a functional definition used in a basic patent. [read post]
9 Sep 2019, 1:17 pm
The body is also expected to vote on legislation compelling the prime minister to delay Britain’s exit from the European Union until Jan. 31, 2020—Johnson has promised that Brexit will occur on Oct. 31. [read post]
8 Sep 2019, 8:17 pm
As much as the chattering classes might wish to wave this away through the legerdemain of academic discourse and a resort to the usual populist (clothed in the pretensions of the academic) slogans that have been used to drive the human rights project for the last generation, there is no escaping the victim in this DLBI. [read post]
5 Sep 2019, 6:36 am
This was the question at the heart of the referral in AMS Neve, C-172/18, which the Court of Justice of the European Union (CJEU) decided today. [read post]
2 Sep 2019, 12:59 pm
Every year after Labor Day, I take a step back and review the most important current trends and developments in the world of Directors’ and Officers’ liability and D&O insurance. [read post]
25 Aug 2019, 11:12 am
I hope the FTC will draw the appropriate conclusions from its inability to sell its grand-picture type of theory from a parallel universe to the motions panel, and will now focus on defending what Judge Koh actually wrote as opposed to a strawman.Second, Qualcomm discusses the chipset licensing part of Judge Koh's duty-to-deal decision as if, under subsequent Supreme Court (Trinko) and Ninth Circuit () precedent, the sole exceptional basis for an antitrust duty to deal--were Aspen Skiing, a… [read post]
25 Aug 2019, 8:08 am
But not all trips meet those standards: Consider an educational exchange program in Vietnam compared to a week at a resort in the Maldives.An educational exchange program in Vietnam....? [read post]
1 Aug 2019, 3:02 am
The European Union is encouraging international mediation in both the commercial and investment spheres. [read post]
30 Jul 2019, 1:57 pm
With the kaiser’s fate in question, however, European monarchs schemed to protect a fellow royal. [read post]
29 Jul 2019, 12:55 pm
In Canada, a court denied territorial protection for a proposed ski resort, as requested by an indigenous nation who argued the land was central to their faith. [read post]
23 Jul 2019, 9:52 am
On the other end of the spectrum, I recalled conversations with Europeans and Palestinians who critiqued my reference to Palestinian armed struggle as ‘violence. [read post]
23 Jul 2019, 9:37 am
’ They saw this framing as a form of condemnation [as if Liberal Capitalist Democracies never resort to such violence!] [read post]
15 Jul 2019, 11:00 pm
Lack of a formal system of binding precedentThe reason why no binding precedent was introduced at the CJEU level was the fear that a system of stare decisis would be inappropriate for an institution acting as court of first and last resort. [read post]
13 Jul 2019, 6:00 am
On the other hand, it sought to avoid direct confrontation with major European powers. [read post]
4 Jul 2019, 5:20 am
Given that it would be the first dispute in which EU challenges a trading partner’s measure by opting for an FTA-specific dispute settlement mechanism rather than the WTO, it raises a question whether in future this practice would be resorted to more frequently, especially in the light of impending WTO Appellate Body demise. [read post]
30 Jun 2019, 8:24 pm
This dilemma is explained by Kees Aarts and Charlotte van Hees, discussing European trends around voting ages in Electoral Insight, Democracy grows on contradictions, and one of these is about the question of who exactly belongs to the demos. [read post]
21 Jun 2019, 6:56 am
That question was put before numerous European patent judges over the past years. [read post]
19 Jun 2019, 7:18 am
The result was that:an overall assessment of the evidence does not allow the conclusion, without resorting to probabilities and presumptions, that the mark was genuinely used during the relevant period for the relevant goods or services [read post]
13 Jun 2019, 11:20 am
On the first and second of the month, the General Court of the European Union (which is part of the Court of Justice of the European Union (CJEU)) will hear a case against the EU-U.S. [read post]
10 Jun 2019, 2:59 am
Moreover, like foreign countries, China also resorts to Internet intermediaries to enhance enforcement of domestic law. [read post]
