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There have been quite a few “Halliburton” appeals in the last couple of decades and at least one example in the House of Lords/Supreme Court (Conor v Angiotech [2008]). [read post]
13 Mar 2024, 4:00 am by Michael Woods and Gordon LaFortune
Over the last three years we have followed Canada’s ongoing battle to protect and reserve it supply management system for dairy and poultry products in place and negotiated for since the original GATT negotiations concluded in 1947. [read post]
12 Mar 2024, 12:46 pm by admin
” Alan Lange & Tom Dawson, Kings of Torts 87 (2d ed. 2010) (quoting convicted former lawyer, Zach Scruggs) Back in the 1980s, I started to see expert witnesses stray into the business of psychoanalysis of corporate defendants. [read post]
15 Jan 2024, 3:16 am by Miquel Montañá (Clifford Chance)
” Article 48, entitled “Indemnification of the Defendant”, sheds light on the reasons why the EU Legislator, when it drafted Directive 2004/48, in Recital 22 inserted the cave [read post]
8 Dec 2023, 5:35 am by Ivo Emanuilov (KU Leuven)
In light of these observations, the court found that the claim was not to a computer program at all so the exclusion was not invoked. [read post]
17 Nov 2023, 6:00 am by Gregory Bacon (Bristows)
Multiple parallel cases This was an interesting feature of the Ocado v AutoStore litigation. [read post]
14 Nov 2023, 4:18 am by Chloe Dickson (Bristows)
On 25 October 2023, HHJ Hacon (sitting as a High Court Judge), rendered his judgment in Philip Morris v Nicoventures[1]. [read post]
3 Nov 2023, 7:15 am by David Hemming (Bristows)
The starting point for Mellor J’s analysis was Kitchin LJ’s judgment in Regeneron v Genentech [2013] EWCA Civ 93. [read post]
2 Aug 2023, 2:14 am by Kate O’Sullivan (Bristows)
Instead, Meade J had found that, having read AU 288 in light of the common general knowledge, it was not obvious to try mirabegron as a treatment for OAB with a reasonable expectation of success. [read post]
25 Jul 2023, 1:43 am by Matthieu Dhenne (Dhenne Avocats)
Sepracor), in the light of the elements contained in the application, including the patentee’s assertions, without the latter being obliged to provide in the application the results of tests or trials or any other data (e.g., CA Paris, October 29, 2020, RG n°126/2019, Ethypharm v. [read post]
16 Jul 2023, 11:56 pm by Kluwer Patent blogger
In a recent opposition case, the Higher Regional Court Vienna (HRC), had the rare opportunity to shed some light on the scope of protection of the well-known trademark “PUMA” as against a similar mark applied for entirely dissimilar goods. [read post]
9 Jul 2023, 10:59 am by Thomas B. Griffith
In Jones Lange LaSalle Brokerage, Inc. v. 1441 L Associates, LLC, No. 22-046, JLL represented both parties to an agreement to lease property in northwest Washington, DC. [read post]
Although the Court of Appeal was clear, in Neurim v Generics [2020] EWCA Civ 793, that deciding to uphold the lower court’s decision not to grant a pharmaceutical patent PI was based on the specific facts of that case, the Patents Court has subsequently refused two further pharmaceutical PIs (Neurim v Teva [2022] EWHC 954 (Pat) and [2022] EWHC 1641(Pat), and Novartis v Teva [2022] EWHC 959 (Ch)). [read post]
 Having established this possible range of values for the Stack, he excluded some of the possible values as outliers and modified others before averaging the remaining values to arrive at an estimate for the total value of the Stack per annum (the intricacies of the calculation are somewhat difficult to make out at this stage in light of the heavy redactions in this section). [read post]
29 May 2023, 11:43 am by Kluwer Patent blogger
These provisions, placed today in Chapter V of the UPCA, include the definition of the patent’s owner prerogatives to prevent the direct and indirect use of the invention (Art. 25 and 26), the list of limitations concerning the scope of patent protection, including inter alia, acts done privately or for experimental purposes, the use of biological material for the purpose of breeding, discovering and developing other plant varieties (Art. 27), the condition of the right for prior use… [read post]
27 Apr 2023, 9:22 am by Miquel Montañá (Clifford Chance)
In this regard, in its judgment of 12 December 2013 (case C-493/12, Eli Lilly v Human Genome Sciences), the CJEU made the following observations: “30. [read post]
The judge reviewed the national case law on selections/deletions from multiple lists (Merck v Shionogi [2016] EWHC 2989 (Pat), Nokia v IPCom [2012] EWCA Civ 567 and GlaxoSmithKline v Wyeth [2016] EWHC 1045 (Pat)) and the EPO cases reviewed therein and in the EPO Case Law Book. [read post]
The EBA’s opinion is also relatively light on reasoning which will make it difficult to apply the conclusions to new scenarios. [read post]