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ITV Broadcasting Ltd v tv Catch Up Ltd: communication to the public of a broadcast
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
Refusing the Defendant's application for summary judgment in ITV Broadcasting Ltd v TV Catch Up Ltd 2010 EWHC 3063 (Ch), Mr Justice Kitchin has held that, as regards broadcasts, the meaning of communication to the public within Section 20 of the Copyright Designs and Patents Act 1988 is not limited to broadcasts but extends to all communications by electronic means, whether one-to-one or one-to-many
Drug formulation patent found to be invalid in the United Kingdom but valid in other jurisdictions
- McDermott Will & Emery
- -
- United Kingdom
- -
- April 30 2012
Mr Justice Arnold’s decision in Teva and others v Astrazeneca AB 2012 EWHC 655 (Pat) invalidated Astrazeneca’s patent for a sustained release formulation of the anti-psychotic drug quetiapine in the United Kingdom, on the grounds of obviousness, just days after the same patent was found to be valid in the Netherlands
Further CJEU guidance on keyword advertising and trade mark infringement
- McDermott Will & Emery
- -
- European Union, United Kingdom
- -
- November 3 2011
In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement
Rooney v CSE Bournemouth Ltd: terms and conditions available upon request
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In Rooney v CSE Bournemouth Ltd 2010 EWCA Civ 1364, the Court of Appeal of England and Wales held that "terms andconditions available upon request" could be interpreted asincorporating a contractor's standard terms
The “innocent” copying defence: only applicable to works out of copyright
- McDermott Will & Emery
- -
- United Kingdom
- -
- March 30 2012
In David Hoffman v Drug Abuse Resistance Education (UK) Ltd 2012 EWPCC 2, the Patents County Court of England and Wales assessed the use of the “innocent copying” defence under Section 97 of the Copyright Designs and Patents Act 1988
Spiller v Joseph: defamation and “honest comment"
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
The Supreme Court of England and Wales in Spiller v Joseph 2010 UKSC 53 has declined to alter radically the defence of "fair comment" in libel claims
Unilever plc v Ian Alexander Shanks: calculating employee compensation
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
Professor Shanks made an invention patented by his employer, Unilever UK Central Resources Ltd (CRL
Cowshed Products Ltd v Island Origins Ltd: interim injunction and the risk of injustice
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 28 2011
In a case that shows the difficulty of applying the American Cyanamid principles to passing off and trade mark infringement, the judge follows the approach in John Walker & Sons v Rothmans International and Management Publications v Blenhiem Exhibitions and examines where the risk of injustice lies
Football Dataco Ltd v Yahoo! UK Ltd: database right and database copyright
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 28 2011
The Court of Appeal of England and Wales has confirmed that sui generis database right does not subsist in football fixture lists
Sui generis database rights and what constitutes a substantial part
- McDermott Will & Emery
- -
- United Kingdom
- -
- November 3 2011
In Beechwood House Publishing v Guardian Products Ltd 2011 EWPCC 22, the Claimant’s database right was found to have been infringed when the Defendants extracted 6,000 records from the Claimant’s database of 43,000 records
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