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26 Dec 2013, 9:50 pm by Florian Mueller
But Apple is seeking an injunction that would also cover "any other product not more than colorably different from an Infringing Product as to a feature found to infringe" (which is consistent with the Federal Circuit's TiVo v. [read post]
18 Feb 2021, 1:19 am by Jani Ihalainen
 A compelling point is raised by Justice Khampepe when she reminds us that South Africa is a non-examination state, i.e. the state does not check whether an invention is novel before it is registered as a patent. [read post]
7 Aug 2018, 1:16 am by Jani Ihalainen
This puzzling question landed on the CJEU's desk late last month, which sets an interesting precedent for future infringement cases.The case of Mitsubishi Shoji Kaisha Limited v Duma Forklifts NV concerns the sale of Mitsubishi forklifts, for which Mitsubishi's European arm has the exclusive rights to. [read post]
22 Dec 2014, 7:53 am
In short, from now on, when two registered Spanish trade marks coexist, the holder of the earlier trade mark no longer has to seek the nullity or invalidity of the later trade mark before seeking to forbid its use.Traditional doctrineHistorically, Spanish doctrine has considered that the owner of a registered Spanish trade mark had a right to use the trade mark, which didn’t yield even to the ius prohibendi of an earlier-registered Spanish trade mark. [read post]
10 Dec 2020, 7:48 am by Hayleigh Bosher
" In fact, the origins of communication to the public are found in the development of the copyright holder’s right to restrict performance of their work. [read post]
14 Sep 2019, 3:38 am by Ben
In 2012 the court in Paris ruled that Alan Wofsy, had violated a previous order against making any commercial use of the photos, and ordered him to pay damages to the copyright-holder. [read post]
21 Nov 2014, 2:46 am
This is not to say that the brand holder may not have suffered harm. [read post]
18 Feb 2022, 4:30 am by Michael C. Dorf
How should we think about the disadvantage that holders of idiosyncratic beliefs face under P2? [read post]
3 Sep 2014, 10:39 pm by Florian Mueller
The Federal Circuit adopted Judge Posner's claim construction of this patent in Apple v. [read post]
7 Aug 2018, 1:16 am by Jani Ihalainen
This puzzling question landed on the CJEU's desk late last month, which sets an interesting precedent for future infringement cases.The case of Mitsubishi Shoji Kaisha Limited v Duma Forklifts NV concerns the sale of Mitsubishi forklifts, for which Mitsubishi's European arm has the exclusive rights to. [read post]
11 Oct 2017, 4:54 am by Ben
In Teresa Scassa, University of OttawaIn Keatley Surveying Ltd. v. [read post]
23 Mar 2020, 1:38 am by Rose Hughes
The Certificate stated that the SPC would have a term of just under 3 years, expiring in January 2022, subject to the payment of the appropriate fees. [read post]
30 Apr 2019, 5:29 am
This focused on the three-step test of the Eli Lilly v Actavis UK Supreme Court decision and the subsequent UK cases applying that  test. [read post]