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Helmsman LLC | Singapore | 16 Dec 2021

When can a Singapore court set aside an arbitral award for endorsing an unpleaded defence?

In Singapore, the courts adopt a limited curial interventionist attitude towards arbitrations, and they will interfere in an arbitral award or order only in exceptional circumstances. However, exceptional circumstances do occasionally find their way before the courts; CAJ v CAI was one such example. The apex court's decision in this case is a timely reminder of the importance of properly......
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IAM | USA | 8 Dec 2021

Post-assignment validity challenges: limits to the doctrine of assignor estoppel and implications of Minerva

The principles of good faith and fair dealing are key tenets of contract law. These include not knowingly misleading a party and acting in a manner…
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Bird & Bird LLP | European Union, Italy | 5 Oct 2021

Year in review: notable 2020 Patent Cases in Italy

The Supreme Court held that prosecution history estoppel has no legal basis in the Italian patent law system. The assessment of patent infringement…
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Herbert Smith Freehills LLP | Australia | 22 Sep 2021

Insurer confirmed to have waived its rights goodbye

By a 2-1 majority, the Full Court of the Federal Court has upheld last year’s decision to treat an insurer’s confirmation of coverage as being…
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Hogan Lovells | USA | 19 Aug 2021

Federal Circuit affirms GSK labeling carve-out ruling in favor of innovator

Earlier this month, in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (CAFC)…
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Kangxin Partners PC | China | 16 Aug 2021

谈禁止反悔原则和专利侵权诉讼中权利要求解释规则的运用

禁止反悔原则是民法诚实信用原则的一种体现,为了合理平衡专利权人与社会公众的利益,避免专利权人“两头得利”。通常认为禁止反悔原则是对在…
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Venable LLP | USA | 12 Jul 2021

Supreme Court upholds and limits assignor estoppel in patent cases

Assignor estoppel is a common law doctrine that prevents the assignor of a patent from challenging the validity of the assigned patent in district court litigation. The Supreme Court recently upheld the doctrine but limited its application to situations in which the invalidity challenge contradicts an explicit or implicit representation that the assignor made in assigning the patent.
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Bird & Bird LLP | United Kingdom | 5 Jul 2021

Passing off and trade marks: issue estoppel as defence

The Court of Appeal has considered an issue estoppel defence to a claim in passing off relating to the name of a former musical group.A trade mark…
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Michael Best & Friedrich LLP | USA | 1 Jul 2021

Supreme Court Put Limits on Assignor Estoppel

Minerva was the Roman goddess of, among other things, law. Fittingly, a recent Supreme Court decision bearing her name, Minerva Surgical Inc. v…
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Kramer Levin Naftalis & Frankel LLP | USA | 30 Jun 2021

The Supreme Court Upholds the Doctrine of Assignor Estoppel While Clarifying Its Scope

On June 29, 2021, the Supreme Court, in Minerva Surgical, Inc. v. Hologic Inc., et al., upheld the doctrine of assignor estoppel, vacated the judgment…
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