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Results: 1-10 of 51

High Court of England and Wales rules on threats and jurisdiction in declaration for non-infringement

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • April 30 2012

In Samsung Electronics (UK) Ltd and others v Apple Inc 2012 EWHC 889 (Ch), the High Court of England and Wales considered several preliminary issues in a case involving Apple’s registered Community design for a tablet computer

Court of Appeal of England and Wales considers “best” and “all reasonable” endeavours

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • April 30 2012

The Court of Appeal of England and Wales in Jet2.com Limited v Blackpool Airport Limited 2011 EWHC 1529 (Comm) has provided guidance on the enforceability of “best endeavours” and “all reasonable endeavours” clauses

Court of Justice of the European Union provides ruling on keyword jurisdiction

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 30 2012

The Court of Justice of the European Union (CJEU), in Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310, has ruled that under Article 5(3) of the Brussels Regulation, an advertiser that uses a keyword that infringes a national trade mark on a country-specific top-level domain (TLD) of a Member State other than the Member State where the national trade mark is registered, can be sued in its Member State of establishment

The High Court of England and Wales rules on Formula One confidentiality and copyright infringement

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • April 30 2012

In Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and others 2012 EWHC 616 (Ch), the High Court of England and Wales ruled on claims for contractual and equitable breach of confidence and copyright infringement brought by one Formula One (F1) race team operator against another

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

Cross-border sales: tension between copyright distribution rights and free movement rules

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 30 2012

Advocate General Jääskinen has concluded that there is a distribution by sale in a Member State if a seller targets consumers and enables the purchase of copyright-protected works in that State

Registered community designs can infringe earlier registered community designs

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 30 2012

The Court of Justice of the European Union has clarified the interpretation of the term “any third party” in Article 19(1) of the Community Designs Regulation (62002EC) in its decision in Case C-48810 Celaya Emparanza y Galdos Internacional SA (Cegasa) v Proyectos Integrales de Balizamiento SL

Advocate general considers jurisdiction for claims of infringement of a national trade mark online

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 30 2012

In Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310 (Opinion of Advocate General) 16 February 2012, Advocate General Pedro Cruz Villalón considered that the proprietor of a national trade mark may be able to bring an infringement action in the Member State of registration against a third party that has registered a keyword used on a national search engine that is identical to the mark

Pub landlords found to infringe the Premier League’s copyright: pyrrhic victory after all?

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • March 30 2012

In Football Association Premier League Ltd v QC Leisure 2012 EWHC 108 (Ch) Lord Justice Kitchin has now accepted that the Defendant publicans communicated copyright works contained in foreign broadcasts of Premier League matches to the public, following the Court of Justice of the European Union (CJEU) ruling to that effect in October 2011

The protection of football fixture lists under the EU Database Directive

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 30 2012

On 1 March 2012, the Court of Justice of the European Union passed judgement on Football Dataco Ltd v Yahoo! UK Ltd 2012 CJEU C-60410, concluding that the football fixture lists in question are not protected by copyright as there is insufficient intellectual creation on the part of the author