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96 results found

Article

Hogan Lovells | United Kingdom | 21 Jul 2011

UK unregistered design right "unwrapped"

England’s low cost, fast-track IP court, the Patents County Court, has analyzed the requirements for infringement of UK unregistered design rights (UK-UDR) in relation to packaging designs for tortilla-style wraps.

Article

Hogan Lovells | USA | 21 Jul 2011

A defendant’s willful blindness can satisfy the knowledge required for active inducement of patent infringement

The U.S. Supreme Court found that a defendant’s “deliberate indifference” to a potential patent did not satisfy the “knowledge” required to prove active inducement of patent infringement.

Article

Hogan Lovells | United Kingdom | 21 Jul 2011

Oral licensee of a Community trademark can sue for infringement

The High Court ruled that an oral licensee of a Community trademark can bring an action for infringement.

Article

Hogan Lovells | USA | 3 Jun 2011

Indirect patent infringement and Global-Tech

On May 31, 2011 the U.S. Supreme Court found that the Federal Circuit's application of its "deliberate indifference" test in SEB S.A. v. Montgomery Ward & Co., 594 F.3d 1360 (2010), was inappropriate to establish the knowledge required for inducement under 35 U.S.C. 271(b), but that a defendant's "willful blindness" could, alternatively, be used to satisfy this knowledge requirement.

Article

Hogan Lovells | USA | 3 Jun 2011

Indirect patent infringement and Global-Tech

On May 31, 2011 the U.On May 31, 2011 the U.S. Supreme Court found that the Federal Circuit's application of its "deliberate indifference" test in SEB S.A. v. Montgomery Ward & Co., 594 F.3d 1360 (2010), was inappropriate to establish the knowledge required for inducement under 35 U.S.C. 271(b), but that a defendant's "willful blindness" could, alternatively, be used to satisfy this knowledge requirement.

Article

Hogan Lovells | Spain | 14 Apr 2011

New law authorizes Spanish Commission to close down copyright-infringing websites

On 5 March 2011, the Spanish Parliament approved an amendment of the Spanish Copyright Act allowing a Commission (dependent of the Ministry of Cultural Affairs) to close down websites that infringe copyrights.

Article

Hogan Lovells | European Union | 14 Apr 2011

Transit of counterfeit goods through the European Union

In the "Philips" case, Advocate General Cruz Villalón recommended the so-called "production fiction" could not be applied to goods in transit, i.e., such goods could not be treated as if they were produced in the territory of the European Union.

Article

Hogan Lovells | France | 14 Apr 2011

Jurisdiction of French courts in case of online infringement: what are the relevant criteria?

The Criminal Chamber of the French Supreme Court rendered a decision regarding the criteria to determine jurisdiction of French courts in case of online infringement of intellectual property rights.

Article

Hogan Lovells | USA | 25 Feb 2011

Buyer and seller beware: impact of open source software in corporate acquisitions

With the growing worldwide adoption of open source software by corporations of all sizes, no longer is the analysis of open source only relevant to software development companies.

Article

Hogan Lovells | United Kingdom | 20 Jan 2011

The Virgin Atlantic upper class seating saga - an unusual UK summary judgment

This is the latest case in a long-running series of IP disputes relating to the design of Virgin Atlantic's business class "flat bed" seat module.