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On 17 April 2024, the Court of Appeal of the UPC handed down its decision concerning the language of proceedings in the (undoubtedly ground-breaking) case of Curio Bioscience v 10x Genomics. [read post]
Cooperate or litigate This will add to the ongoing “cooperate v. litigate” debate in data protection and privacy matters. [read post]
22 Jul 2014, 5:07 pm by INFORRM
The Court reiterated its case law to the effect that conclusions expressed on the motives or possible intentions of a third party constituted a value judgment rather than a factual assertion lending itself to proof (Diena and Ozolins v Latvia n.16657/03 and Ungváry and Irodalom Kft v Hungary n.64520/10 considered). [read post]
17 Jan 2020, 12:06 am by Florian Mueller
And the language, "a hardship not justified by the exclusionary right," again places the emphasis on how important it is to let patent holders enforce their exclusionary rights, though the "patent holder's interests against the infringer" have already been stressed in the same sentence.It's obvious that the German statute falls far short of eBay v. [read post]
21 Mar 2007, 3:32 am
The Court of Appeals also found that the information in the notes was pathologically germane. [read post]
5 Apr 2013, 8:29 am by David Friedman
Gothic faihu "property," Old High German fihu "cattle;" see fee). [read post]
6 Aug 2012, 1:47 am
In Cox v Ergo Verscherung AG [2012] EWCA Civ 854, the Court of Appeal considered whether, in a claim for damages recoverable from a German insurer, damages should be assessed under English or German law.The Court of Appeal considered two issues: first, the head of damages recoverable by the appellant; and secondly, the assessment or quantification of those damages. [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]
17 Sep 2019, 4:44 am by Thomas Long
The appellate court reversed a district court’s denial of the German company’s motion to dismiss for lack of personal jurisdiction and remanded with instructions that the case be dismissed (C5 Medical Werks, LLC v. [read post]
16 Jan 2013, 10:36 am by Florian Mueller
At the ViewSonic hearing in November, Nokia presented this logic for the first time.It would be a gross exaggeration to say that Nokia is now on the winning track, especially since Judge Andreas Mueller ("Müller" in German) generally appears to be very difficult to persuade of infringement contentions (other plaintiffs also struggled in his court), but today I got the impression that Nokia's functional infringement contentions have more than enough traction that the May 29 Nokia… [read post]
30 Oct 2017, 8:22 am by Thilo Danz
(The German Banking Industry Committee is the joint committee operated by the central associations of the German banking industry. [read post]
1 Nov 2019, 5:48 am by Kluwer Patent blogger
’ II.2.bb) Constitutional doubts concerning the amendment of the UPC Statute by the Administrative Committee without the involvement of the legislator ‘Tobias Plate, who at the time was active in BMI Division V I 4, expressed constitutional concerns primarily with regard to the possibility of amending the UPC Statute by decision of the UPC Administrative Committee with a three-quarters majority and without the participation of the German legislator, as provided for in… [read post]
15 Feb 2021, 2:54 am by Matthias Weller
by Professor Dr Eva-Maria Kieninger, Chair for German and European Private Law and Private International Law, University of Würzburg, Germany The Supreme Court’s decision in Okpabi v Royal Dutch Shell (2021 UKSC 3) concerns the preliminary question whether English courts have jurisdiction over a joint claim brought by two Nigerian communities against Royal Dutch Shell (RSD), a UK parent company, as anchor defendant, and a Nigerian oil company (SPDC) in which RSD held 30… [read post]