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Results:1-10 of 264

Restrictive covenants - whose consent is needed?
  • Gowling WLG
  • United Kingdom
  • October 19 2010

A covenant not to do something "without the vendor's consent" may require the consent of the original vendor, or alternatively that of his successor(s) in title.


Injunctions for breach of confidence the 'springboard principle'
  • Gowling WLG
  • United Kingdom
  • August 18 2009

Vestergaard Frandsen AS and the other claimants (VF) are in the business of the manufacture and sale of mosquito nets under the name PermaNet.


HST: trends in value added taxation and its role in commercial leasing
  • Gowling WLG
  • Canada
  • June 29 2010

British Columbia and Ontario are replacing their respective provincial sales taxes and the federal Goods and Services Tax (GST) with a single Harmonized Sales Tax (HST) from July 1, 2010.


Cybersecurity and medical devices: Electronic medical data increases product liability risk for medical device manufacturers
  • Gowling WLG
  • USA, Canada
  • May 3 2016

The value of stolen personal health information is ten to twenty times greater than a stolen credit card number.1 As the health-care industry


Retention of title: sellers beware!
  • Gowling WLG
  • United Kingdom
  • February 11 2009

With the effect of the global credit crunch hitting national and international trade, sellers should take a close look at their standard terms and conditions of sale to ensure that they have a valid retention of title (ROT) clause.


Federal Court addresses pre-patent-grant compensation and royalty calculation
  • Gowling WLG
  • Canada
  • May 30 2008

On May 14, 2007, in Jay-Lor International Inc. et al. v. Penta Farm Systems Ltd. et al., 2007 FC 358, the Federal Court of Canada published a rare decision that addresses the issue of appropriate compensation for patentees during the pre-grant phase of a patent, as well as preferable methodologies in calculating a reasonable royalty rate when lost sales cannot be proven.


Eli Lilly Canada Inc. v. Apotex Inc (2010 FCA 240)
  • Gowling WLG
  • Canada
  • October 27 2010

This was an appeal of the decision of Madame Justice Gauthier (in the Federal Court) who had found that although Lilly met its burden to prove that Apotex infringed eight Lilly process patents related to the manufacture of the antibiotic cefaclor for material imported before June 3, 1998, Lilly failed to do so for the cefaclor imported into Canada after June 3, 1998.


Implemention of “Bolar” in the EU
  • Gowling WLG
  • United Kingdom, European Union
  • October 31 2007

In Europe, Directive 200427EC (amending Directive 200183EC) introduced into European Union legislation for the first time an exemption from patent infringement for conducting certain developmental work pre-patent expiry (the EU ‘Bolar’ exemption).


Apotex loses the war in Canada and the battle in England: UK courts rely on Canadian decision to find Apotex acting unlawfully in cCnada has consequences in eErope
  • Gowling WLG
  • United Kingdom, Canada
  • October 13 2011

Servier developed perindopril erbumine (“perindopril”) which is a successful long lasting ACE inhibitor sold under the trade-mark COVERSYL.


What’s your patent worth? A quick guide to estimating a patent’s market value
  • Gowling WLG
  • Global
  • August 15 2009

Patents, which bestow a right to exclude others from making, using and selling an invention, are a form of intellectual property.