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20 Jan 2015, 3:32 am
Earlier this month, this Kat posted an announcement concerning the publication of The Research Handbook on Cross-Border Enforcement of Intellectual Property, and explained that, as an interested party (being editor of the publisher's Research Handbooks in Intellectual Property series, of which this is the eighth), he was not in a position to deliver an arm's-length review of it. [read post]
7 Dec 2017, 12:37 am
A particularly unusual application of the principle recently occurred in a case in Israel, as reported by Kat friend Adar Ortal. [read post]
10 May 2018, 11:12 pm
Kat friend Arthur Yap from JurisAsia provides an instructive summary of how the Singapore Court of Appeal has charted its own direction on the doctrine of equivalents in light of the decision by the UK Supreme Court in the widely discussed Eli Lilly v. [read post]
19 Jun 2015, 1:49 am
This Kat notes with amusement that the word "British" and the depiction of the sun on the British Columbia flag represent the notion of the British Empire as being the Empire on which the sun never set. [read post]
12 Dec 2016, 6:55 am
reported a few days ago, after a Swedish judge it has been the turn of a German court to apply the principles that the Court of Justice of the European Union (CJEU) set in its landmark GS Media [Kat-coverage here].Katfriend Sascha Abrar (Löffel Abrar IP lawyers) explains what happened.Here's what Sascha writes:"Linking to unauthorised content: German court applies GS Media for the first time – far too extensive… [read post]
5 Apr 2017, 6:33 am
The IPKat meets the Unwired Planet judgmentFresh off the press is today's decision from Mr Justice Birss in Unwired Planet v Huawei [2017] EWHC 711 - the latest judgment in the Unwired Planet cases (see previous Kat reports here). [read post]
23 Dec 2013, 10:00 am
The IPKat is delighted that none other than Derk (with an e not an i) Visser, esteemed author of The Annotated European Patent Convention, and also colleague of this Kat, accepted a commission to write a guest blogpost about this. [read post]
28 Jan 2024, 8:10 am
To this Kat, it seems likely that the EBA will reject this petition as the Opponent's arguments require a nuanced distinction to be drawn between the Board of Appeal's interpretation of G 2/21 at the hearing and in its written decision. [read post]
22 Sep 2016, 7:10 am
One of the joys of blogging is that commenters, as well as alerting the hapless blogger to typographical errors and terminological infelicities, can alert to interesting aspects of a decision that did not seem striking at a first review.So it was with the case of the appeal decision Hospira v Genentech [2016] EWCA Civ 780, which, when this Kat first reviewed it, seemed to be a fairly straightforward case of the first instance judgment being affirmed on appeal – no, the judge did not… [read post]
29 Jun 2015, 9:02 am
Kats leap too ...Judge Mosman also found that Rentmeester could not rely on the DCMA. [read post]
12 Mar 2014, 8:15 am
Battle was joined and a sing-off commenced, with the decision resting in the hands of judges Louis Walsh*, Gary Barlow* and Mr Justice Colin Birss (*not really).I fought the law and the law wonBirss J applied the classic test for breach of confidence, being the three requirements enunciated in Coco v Clarke [1969] RPC 4 and recently restated by Mr Justice Arnold in Force India Formula 1 Team Limited v One Malaysia Racing Team [2013] RPC 29:a) the information in respect of which… [read post]
8 Feb 2022, 6:06 am
. 'At once so exalted and yet so fragile, Shakespeare’s language had taken on such a sacred status that it was vulnerable to even the slightest touch,' Kitzes writes.This observation recalls this Kat's discussion several week ago about the use of a reproduction of an early 19th century painting, in a truncated form, as a contemporary book cover. [read post]
6 Apr 2022, 2:00 am
This Kat would be interested to hear from readers of any other recent cases in which claims directed to a genus of antibodies defined only by function and/or epitope have been maintained on appeal. [read post]
7 Jun 2020, 10:45 am
The 9th Circuit reversed the lower ruling and remanded for such a proceeding.CommentAs far as this Kat is concerned, the 9th Circuit provided a more appropriate standard for the "single unit of publication" designation. [read post]
13 Jun 2013, 8:06 am
[Hoorah, chorus the Kats, we'd like to see this more often instead of the silly and unreasonable deadlines for making comments which have too often been foisted on the IP community If you are aware of any references to the ECJ that are not currently included on our website, you are also welcome to send us your views. [read post]
21 Jun 2013, 7:45 am
This Kat understands the position of both camps here, but feels that Sir Bernard has got it right. [read post]
25 Jan 2016, 1:31 am
Former Guest Kat Darren Meale (Simmons & Simmons, London) explains.* BREAKING: AG Szpunar says that fair compensation for private copying can be funded through state budget but amount cannot be established ex anteEleonora reports on Advocate General Maciej Szpunar's Opinion in EGEDA C-470/14 [here], a reference for a preliminary ruling from the Spanish Supreme Court seeking clarification as to whether private copying can be public-funded and, if so, whether… [read post]
26 Sep 2018, 1:17 am
In this Kat’s view, the licence granted to Twitter falls short of being an assignment of rights only to the extent that it is non-exclusive. [read post]
24 Mar 2016, 7:17 am
The AmeriKat's professional life, be it on the Kat or sat at her desk litigating her hours away, involves a huge amount of coordination, support and opposition with lawyers from all over the world. [read post]
25 Oct 2019, 2:00 am
ARIPOEven though ARIPO warns states that “no part of this publication may be reproduced or distributed in any form, or by any means, or stored in database or retrieval system, without the prior written permission of the publisher” [page 4 of the Model Law], this Kat will “brave it” and quote (i.e. reproduce) portions of the Model Law, where relevant. [read post]
