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Smart & Biggar | Canada | 30 Aug 2023
Declaration of infringement does not preclude further NOA based on invalidity
Recently, the Federal Court dismissed Janssen's motion for summary judgment in actions relating to Janssen's patent for dosing regimens of paliperidone palmitate. Janssen argued that Apotex's sole invalidity defence of unpatentable subject matter (method of medical treatment) was res judicata, an abuse of process and precluded by the doctrine of election having regard to prior allegations or......
RPC | Hong Kong | 8 Nov 2022
Dismissal for want of prosecution
đź•‘ 5 minutes In Wong v Cheung, a first-instance court dismissed the plaintiff's action on the ground that it was an abuse of process for want of prosecution. The case is different to some others that have attracted recent attention for having been struck out where there had been a combination of egregious delay and disobedience with the court rules. The court's decision is robust, and the......
Olajide Oyewole LLP | Nigeria | 19 Jul 2022
Applicability of tort of abuse of process in Nigeria
The tort of abuse of process seeks to strike a balance between access to the court and public policy to safeguard defendants from harassment, humiliation and damages. While the tort is not commonly used in Nigeria, unlike the related tort of malicious prosecution, experience has shown that it is on the rise. This article comments on the limited application of the abuse of process tort in......
GRAF ISOLA Rechtsanwälte GmbH | Austria | 11 Jul 2022
Supreme Court rules on whether lodging action for trademark infringement can constitute abuse of rights
In a recent decision, the Supreme Court dealt for the first time with the question of the conditions under which the assertion of claims for injunctive relief based on an earlier trademark right can constitute an abuse of rights. The decision strengthens the position of owners of earlier trademarks that are confronted with users of newer signs encroaching on their trademark rights which are......
Kingsley Napley | United Kingdom | 29 Jul 2021
Civil Fraud Quarterly Round-Up: Q2 2021
This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period April - June…
Lexology PRO | Australia, France, Latvia, etc. | 28 Jul 2021
Competition and antitrust tracker: daily updates from regulators (28 July 2021)
Lexology PRO shares daily regulatory updates published by competition and antitrust authorities around the world.
Lexology PRO | USA | 1 Jul 2021
Microsoft counsel blasts US government for using too many secrecy orders
Microsoft’s vice president of customer security has told members of Congress that US federal law enforcement agencies impose about 10 secrecy orders on the company per day, preventing customers from knowing that their data is being taken out of the cloud.
Lexology PRO | Belgium, European Union, France | 7 Jun 2021
France fines Google €220 million for self-preferencing in online advertising
Google has agreed to pay €220 million and change the way it organises digital advertising auctions to settle the French antitrust enforcer’s allegations that it unlawfully favours its own services in the sector.
Corrs Chambers Westgarth | Australia | 13 Mar 2020
A professional foul: Supreme Court sets aside examination summonses issued to NRL officers
This week’s TGIF considers the recent case of In the matter of Newheadspace Pty Limited (in liq) [2020] NSWSC 173, where the Supreme Court of New…
Herbert Smith Freehills LLP | United Kingdom | 16 Apr 2019
Court of Appeal confirms second claim an abuse of process after first claim struck out for non-payment of security for costs
In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court’s process, where the claim repeated an…
