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9 Feb 2017, 1:26 am
Briggs LJ dismissed the appeal "with some reluctance" because Prof Shanks might well have succeeded had his employer been a much smaller undertaking than Unilever. [read post]
8 Feb 2017, 8:22 am
Twentieth Century Fox Film Corporation, Kitchin LJ stated [at 66]: “An application for the registration of a series of trade marks is an application to register a bundle of trade marks under a single reference number. [read post]
5 Feb 2017, 2:52 pm
This is the same factor as that to which Nicholls LJ referred in Holding & Management when considering contractual recoverability. [read post]
4 Feb 2017, 1:21 am
[para 198] According to Briggs LJ, the reason is a domestic one. [read post]
1 Feb 2017, 2:00 pm
(ljs) [read post]
27 Jan 2017, 1:59 am
However, contrary to the author’s personal view – possibly influenced by the comments of Floyd LJ in the pregabalin case – 75% of responders felt that the additional step of not promoting a carved-out product for the patented indication was enough and that active engagement with the patentee and other stakeholders was not required. [read post]
26 Jan 2017, 2:00 pm
(ljs) [read post]
25 Jan 2017, 11:25 pm
The GingerKat has been stalking this year's patent decisionsand has already come up trumpsIt has been a quick start to the year with a number of juicy little decisions coming from the Patents Court and Court of Appeal. [read post]
25 Jan 2017, 10:48 pm
Andrew did not consider Arnold J’s rejection of Warner-Lambert’s attempt to amend its patent post-trial (and finding that such amendment would amount to an abuse of process) ([2015] EWHC 3370 (Pat)) or Floyd LJ’s upholding of the decision ([2016] EWCA Civ 1006) to be controversial. [read post]
24 Jan 2017, 2:14 pm
London Borough of Hackney v Haque [2017] EWCA Civ 4 In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty). [read post]
19 Jan 2017, 2:12 pm
(ljs) [read post]
18 Jan 2017, 9:04 am
Andrew MacKie-Mason (University of Chicago, Law School, Students) has posted The Private Search Doctrine After Jones (126 Yale L.J. [read post]
17 Jan 2017, 12:39 am
Frogmore [2002] My correspondent referred to the case of Blunden v Frogmore 2002 where LJ Robert Walker said ‘Notice is not the same as Knowledge’…. [read post]
16 Jan 2017, 2:00 pm
(ljs) [read post]
16 Jan 2017, 4:09 am
Sharp LJ pointed out that “The ordinary rule is that the press may report everything that takes place in open court. [read post]
15 Jan 2017, 2:00 pm
(ljs) [read post]
13 Jan 2017, 4:21 pm
Sharp LJ pointed out that “The ordinary rule is that the press may report everything that takes place in open court. [read post]
13 Jan 2017, 9:24 am
Floyd LJ summarised AbbVie's complaint concerning the relief sought by FKB as follows: by asserting that the dosing regimen is old or obvious, the Arrow declarations (if obtained) would be making it clear that a future patent claim to that regimen would be invalid. [read post]
9 Jan 2017, 1:54 pm
In Stevens & Cutting Limited v Andersen [1990] 1 EGLR 95 Stewart-Smith LJ stated the principles relevant to the doctrine of election between causes of action in the following terms: “A party may be deprived of the right to pursue a certain course of conduct if, when faced with two alternative and inconsistent courses of action, he chooses one rather than the other and his election is communicated to the other party. [read post]
9 Jan 2017, 9:12 am
Gillen LJ, giving judgement, indicated that the correct position was as stated in Archbold, namely that where non-conviction evidence was relied upon to establish propensity, the jury must be directed not to rely on it unless sure of its truth. [read post]
