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31 Mar 2015, 1:53 am by INFORRM
In Vidal-Hall v, Google Inc ([2015] EWCA Civ 311) the Court of Appeal dismissed Google’s appeal from the decision of Tugendhat J in which he declined to declare that the English court did not have jurisdiction to hear data protection and misuse of private information claims brought against it. [read post]
8 Feb 2024, 4:09 pm by INFORRM
  Warby LJ, upholding this aspect of Nicklin J’s first instance judgment, answered emphatically that it is not: “the only question raised by section 3(3) of the 2013 Act is whether the statement complained of indicated the basis of the opinion which it contained [44]. [read post]
  In Vestel, Birss LJ suggested that if there was an enforceable right against a patentee or the licensing agent that entitled an implementer to be offered a FRAND licence under the UK patents in a pool, then it might be possible to establish jurisdiction to hear such a claim. [read post]
23 Feb 2023, 7:07 am by Eleonora Rosati
Former GuestKat Darren Meale of Simmons & Simmons presents the twelfth volume in his rundown of notable trade mark cases over the past six months:Retromark Volume XII: the last six months in trade marksby Darren MealeVolume XII has taken a little longer than usual to pull together, but there’s been plenty of good material to squeeze into it. [read post]
10 Jun 2014, 5:11 am
He then cited Reed Executive plc v Reed Business Information Ltd [2004] RPC 40 in which Jacob LJ explained that there was a distinction in law between an assumption on behalf of the relevant public and a wondering on their part. [read post]
26 Jun 2020, 2:53 am by Léon Dijkman
Floyd LJ stated: First, and most importantly, Neurim and Flynn have, and have provided to the court, reasonably detailed forecasts of their expected sales revenues in Periods 1 and 2. [read post]
31 Jan 2018, 10:05 pm
Floyd LJ (for a unanimous Court of Appeal) noted that an important point of detail is the time and circumstances in which the national authority has to determine whether a product is protected by a basic patent - this falls to be judged when the product is known and authorised to be placed on the market. [read post]
13 Mar 2014, 1:43 pm
  The court was told that Mr Lilley had sought permission to appeal this order but was refused by a decision of Floyd LJ. [read post]
11 Mar 2019, 10:07 am
[and] in Ashai Medical v Macopharma [2002] EWCA Civ 466 (as per Aldous LJ at [21]). [read post]
15 Apr 2016, 4:50 am by Graham Smith
" Professor David Ormerod (2005) "a complex and difficult piece of legislation" Mummery LJ (then President of the Investigatory Powers Tribunal, 2006) "RIPA 2000 is a difficult statute to understand" (Sir Anthony May, IOCC Report for 2013) "RIPA, obscure since its inception, has been patched up so many times as to make it incomprehensible to all but a tiny band of initiates" (David Anderson Q.C., A Question of Trust, 2015.)Unintelligibility… [read post]
15 Sep 2016, 3:12 am
 As readers know, this point is not of secondary importance: for instance, in the UK, it has prompted the dissent of Briggs LJ in the recent Court of Appeal judgment in Cartier [here].Tobias Mc FaddenBackgroundThis reference for a preliminary ruling was made in the context of proceedings between Sony and a person (Tobias Mc Fadden) who operates a business selling and renting lighting and sound systems for various events.Mc Fadden owns a Wi-Fi connection… [read post]
15 Apr 2016, 4:50 am by Graham Smith
" Professor David Ormerod (2005) "a complex and difficult piece of legislation" Mummery LJ (then President of the Investigatory Powers Tribunal, 2006) "RIPA 2000 is a difficult statute to understand" (Sir Anthony May, IOCC Report for 2013) "RIPA, obscure since its inception, has been patched up so many times as to make it incomprehensible to all but a tiny band of initiates" (David Anderson Q.C., A Question of Trust, 2015.)Unintelligibility… [read post]
29 Feb 2016, 10:20 am
Kitchin LJ noted that the real problems concerning the use of the sign only came to light when Comic Enterprises launched new venue [read post]
3 Jul 2018, 5:13 am
  Hacon HHJ reasoned that under Floyd LJ's suggested approach, ranges with 99% overlap with a known range would be novel. [read post]
24 Dec 2017, 2:19 am
FilteringHowever, in the Cartier case [here; if I am not mistaken, this was the first time that in the UK the online intermediaries targeted by an injunction ever appealed the decision and resulting order] the issue of costs has taken centre stage, especially in light of the dissent of Briggs LJ in the Court of Appeal [here]. [read post]
15 May 2024, 6:29 am by Eleonora Rosati
This could pose an issue for brands as consumers' expectations evolve to expect an AI-enhanced shopping experience.The IP dimension of AI in fashionNext Sir Richard Arnold LJ, Benoit Van Asbroeck (Bird & Bird), Spyridon Sipetas (Fashion Law London), and Xuyang Zhu (Taylor Wessing) delved into the ways in which the legal regimes in both the EU and UK are adapting (or perhaps not) in response to the increased use of AI. [read post]
24 Mar 2014, 9:23 am by Ben
Mummery LJ held "Original expression includes not only the language in which the work is composed but also the original selection, arrangement and compilation of the raw research material. [read post]
15 Apr 2016, 4:50 am by Graham Smith
" Professor David Ormerod (2005) "a complex and difficult piece of legislation" Mummery LJ (then President of the Investigatory Powers Tribunal, 2006) "RIPA 2000 is a difficult statute to understand" (Sir Anthony May, IOCC Report for 2013) "RIPA, obscure since its inception, has been patched up so many times as to make it incomprehensible to all but a tiny band of initiates" (David Anderson Q.C., A Question of Trust, 2015.)Unintelligibility… [read post]
27 Mar 2019, 10:22 am
This morning, the UK Supreme Court delivered its decision in Actavis v ICOS [2019] USKC 15, upholding the Court of Appeal's decision that ICOS's dosage regimen patent was obvious. [read post]
5 Nov 2013, 3:11 am by Caroline Ncube
 but fake (and even generic drugs) frequently infringe registered trade marks which, as illustrated by article require effective customs enforcement) Here our key concern is that the distinction between generic and counterfeit drugs be maintained and that border control of IPRs is not used to block the transit of generics in circumstances where this is not justified - See an article on this aspect  by Caroline Ncube entitled 'Enforcing patent rights against goods in transit : a… [read post]