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20 Jul 2020, 1:42 am by Jan von Hein
Lord Mance stressed that the so-called Miller decisions of the Supreme Court in R (Miller) v Secretary of State [2017] UKSC 5 and R (Miller) v The Prime Minister, Cherry v Advocate General for Scotland (Miller II) [2019] UKSC 41, dealing with the parliamentary procedure of the withdrawal from the EU, are extraordinary regarding the degree of judicial activism from a British point of view. [read post]
19 Jul 2020, 9:38 am by Anastasiia Kyrylenko
Haier case, handed down by the German Federal Supreme Court [also see Katposts here and here]. [read post]
17 Jul 2020, 1:51 am
Sarah Stierch / CC BY (https://creativecommons.org/licenses/by/4.0) Jane Lambert Patents Court (Mr Justice Birss)  Facebook Ireland Ltd v Voxer IP LLC [2020] EWHC 1806 (Pat) (7 July 2020) Yesterday, I explained in International Patent Litigation - Nicoventures Trading Ltd v Philip Morris 16 July 2020 that defendants to German patent infringement claims often bring actions to [read post]
15 Jul 2020, 3:23 am by Sophie Corke
The Fashion Law reported on a recent US case - involving Tom Ford lipstick, a photo on Cardi B's Instagram, XXL magazine, and the photographer who originally took the photo - in which the matter was determined to be fair use.PatentsThe CJEU's judgment in Case C-673/18 Santen to abolish SPCs for new therapeutic applications, following the Advocate General's recommendation to reverse its prior finding in Case C-130/11 Neurim, has attracted significant commentary,… [read post]
13 Jul 2020, 8:34 am by Florian Mueller
Meanwhile, Nokia's infringement claims against Daimler are falling apart.The Sharp-Huawei license deal further validates the positions taken by the Bundeskartellamt (Federal Cartel Office of Germany) in its interventions in multiple German Nokia v. [read post]
13 Jul 2020, 5:06 am by Eleonora Rosati
 The issues at the centre of these important referrals - on which see at greater length here and here - revolve around the key issue of whether platforms which make available user-uploaded content perform an act of communication to the public under Article 3(1) of the InfoSoc Directive.Other issues include:The availability of the hosting safe harbour in Article 14 of the E-Commerce Directive to platforms which communicate to the publicInjunctions under Article 8(3) of the InfoSoc… [read post]
9 Jul 2020, 5:13 am by Christoph Schmon
In Glawischnig-Piesczek v Facebook, the Court of Justice of the EU held that a court of a Member State can order platforms not only to take down defamatory content globally, but also to take down identical or “equivalent” material. [read post]
8 Jul 2020, 1:48 am by Florian Mueller
" The trial was supposed to be held on July 29, but it won't go forward as this patent, too, appeared likely invalid, so much so that Nokia had to consent to a stay.There still are some other Nokia v. [read post]
7 Jul 2020, 9:44 am by Léon Dijkman
Now, the first of these decisions is available: the German Federal Supreme Court [Bundesgerichtshof] has handed down the written reasons for its decision in Sisvel v. [read post]
5 Jul 2020, 10:30 am by Magdaleen Jooste
The IPKat has some highlights for you to ponder...PatentsThe German Federal Court of Justice upheld a European patent for paper technology owned by packaging solutions provider Ranpak. [read post]
30 Jun 2020, 1:47 am by Neil Wilkof
The German Ministry of Justice has recently published a draft amendment to the German Patent Act providing some guidance on how the proportionality requirement should be applied when deciding whether to grant injunctive relief. [read post]
29 Jun 2020, 2:41 am by Irene Marchioro (University of Bologna)
As a consequence, courts were urged to develop the notion of frustration of the contract, which allows for termination of an agreement when the circumstances are “in a fundamental respect different from those which were envisaged”.6)In the definition of Davis Contractos Ltd. v. [read post]