Search for: "Hughes, Appeal of"
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7 Dec 2023, 1:47 pm
Dec. 7, 2023) (Opinion by Judge Dyk, joined by Judges Prost and Hughes). [read post]
30 Nov 2023, 9:05 pm
Court of Appeals for the Eleventh Circuit reversed a lower court ruling that struck down Georgia’s statewide elections for its five-member commission regulating utilities. [read post]
30 Nov 2023, 7:38 am
The Judge said that: “[NML Capital -v- Chapman Freeborn Holdings Ltd [2013] EWCA Civ 589 [25]stands as clear and binding Court of Appeal authority that the defendant in a Norwich Pharmacal claim/application must be “involved in the furtherance of the transaction identified as the relevant wrongdoing”; having “some connection with the circumstances of the wrong which enables the purpose of the wrongdoing to be furthered”” [105] If the… [read post]
30 Nov 2023, 6:41 am
RIAA * 11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. [read post]
23 Nov 2023, 6:58 am
Below, you’ll find a weekly summary of what happened on the IPKat recently, while competent authorities were busy handing down interesting decisions in IP-related cases.Image: shutterstock.comTrade marks Kevin Bercimuelle-Chamot reviewed a recent decision of the EUIPO’s First Board of Appeal concerning an opposition to the registration as an EU word mark of “miababy”, grounded on its alleged confusing similarity with the earlier trade mark "ia BABY… [read post]
20 Nov 2023, 4:13 pm
The Oldenburg Court of Appeal upheld that decision, stating that publication of the unedited CCTV footage without Officer P. [read post]
13 Nov 2023, 1:45 am
The appellants’ appeal from this ruling was dismissed. [read post]
12 Nov 2023, 4:53 pm
The case seemed to indicate that the UK courts may be just as willing as the EPO to enforce a hard-line against added matter in patents.Rose Hughes also discussed the EPO Board of Appeal decision in T 0258/21, which dealt with reliance on a post-hoc identified technical effect of medical use in the absence of any data in the patent application. [read post]
8 Nov 2023, 5:31 am
The elements of law; being a comprehensive summary of American civil jurisprudence. [read post]
3 Nov 2023, 4:40 am
Henry P Yang considered the first order issued by the Court of Appeal of the Unified Patent Court (UPC), which related to a procedural issue. [read post]
28 Oct 2023, 3:24 pm
City of Asheville, the city government ordered the removal of the Zebulon Baird Vance Monument but was met by intense opposition by the plaintiff who filed a breach of contract claim, sought out a temporary restraining order, preliminary and permanent injunction, and declaratory judgment.[3] The plaintiffs attempted to use the North Carolina Historical Commission as a form of relief for their case, however the Court of Appeals in North Carolina went in favor of the city because the… [read post]
6 Oct 2023, 9:34 am
Nedim Malovic discussed the recent EUIPO Fifth Board of Appeal decision, joined cases R 334/2017-5 and R 343/2017-5, in relation to the meaning of genuine use of a trade mark when linked to second hand vehicles. [read post]
21 Sep 2023, 11:20 am
and Calvin Klein perfumes in the discount retail stores of ALDI SÜD;commented on the CJEU decision considering whether an exclusive distribution agreement between infringers is sufficient for joint jurisdiction.PATENTSRose Hughes considered a recent US Court of Appeal of the Federal Circuits’ decision on the interaction between two peculiarities of the US patent system: patent term adjustment (PTA) and obviousness-type double patenting. [read post]
15 Sep 2023, 10:10 am
PatentsRose Hughes discussed the recent High Court decision (Newron v Comptroller [2023] EWHC 1471) in relation to the interpretation of the phrasing “the product” and its meaning within the SPC Regulation.Rose Hughes analysed the minutes of the oral processings confirming the Board of Appeal’s decision, in relation to case T 0116/18, to acknowledge the inventive step of a claimed invention. [read post]
15 Sep 2023, 4:00 am
The opinion, which the Justice Department could appeal, prolongs a secret dispute that has tied up the search of the conservative lawmaker’s phone data for more than a year. [read post]
10 Sep 2023, 5:59 am
The report examines the issues with determining where an alleged IPR infringement has been committed, especially given the developments during the transition from Web 2.0 to Web 3.0.A cat reflecting on "medical uses"PatentsRose Hughes discussed a recent decision (T 0558/20) from the EPO Board of Appeal that considered the correct approach to the assessment of second medical use claims. [read post]
8 Sep 2023, 7:47 am
How Empirical Evidence on Copyright Piracy Appears (or Not) in Law Literature — Highly recommended new draft from Justin Hughes and Michael D. [read post]
6 Sep 2023, 4:00 am
Hugh Logue, Outsell’s vice-president and lead analyst, writes of the acquisition that, in paying $650m for Casetext, Thomson Reuters has set off waves in the world of legal technology and that it is paying a very high price for moving too slowly on its AI strategy. [read post]
23 Aug 2023, 12:02 pm
Judge Hughes also quoted the U.S. [read post]
22 Aug 2023, 11:12 am
Specifically, citing Justin Hughes’ work, the court left open the possibility that non-human sentient beings may be covered, but dismissed this issue because “[t]he day sentient refugees from some intergalactic war arrive on Earth and are granted asylum in Iceland, copyright law will be the least of our problems. [read post]
