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Appeals European Union

A&O Shearman

Dutch District Court rules on the plausibility standard on the merits (apixaban)

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In this note, we will discuss the latest decisions on the merits from the Dutch patent court on the matter of plausibility and inventive step. These were handed down in two cases (BMS v Sandoz and BMS v Teva) on 30 October...more

Proskauer Rose LLP

Regulation Round Up - October 2024

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Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more

A&O Shearman

Loyalty rebates: a final word from the European Court of Justice in Intel?

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In May 2009, the European Commission (EC) fined Intel EUR1.06 billion for abusing its dominant position in the x86 microprocessor market (CPUs). The EC concluded that Intel had granted anticompetitive loyalty rebates to...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

McDermott Will & Emery

No Leave, No Appeal: UPC Court of Appeal Denies Request for Discretionary Review

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The Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that if a party wishes to appeal against a procedural order, and leave to appeal has not already been granted in the order, the party must first apply to the...more

A&O Shearman

No shortcuts in service on foreign companies says UPC Court of Appeal

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One of the known challenges in litigation against defendants domiciled outside the EU is effecting service. In some instances, this can take a very long time, due to the formal requirements and slowness of the respective...more

Proskauer Rose LLP

UK Tax Round Up - September 2024

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Welcome to the September 2024 edition of our UK Tax Round Up. This month has seen decisions on UK tax residence, VAT group eligibility and the Supreme Court’s ruling in the long running case involving the employment status of...more

McDermott Will & Emery

No Boundaries? European UPC Confirms Its International Jurisdiction

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The Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that the UPC has international jurisdiction for alleged infringement actions that originate outside the UPC’s Member States. Dish and Sling v. AYLO, Case No....more

A&O Shearman

Plaintiffs Alleging Per Se Group Boycott Win Reversal In Ninth Circuit

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On September 17, 2024, a unanimous panel of the Ninth Circuit Court of Appeals granted an appeal from a group of professional swimmers and the International Swimming League (“ISL”) (together, “Plaintiffs”) in their ongoing...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court Upholds Commission’s Power To Demand Data Held by Foreign Companies

In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #3

Allergan USA, Inc. v. MSN Laboratories Private Ltd., Appeal No. 2024-1061 (Fed. Cir. August 13, 2024) In this week’s Case of the Week, the Federal Circuit clarifies rules relating to when an applicant’s patent can be...more

White & Case LLP

Cantor Fitzgerald & Co v Yes Bank Limited [2024] EWCA Civ 695

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The Court of Appeal has confirmed the existence of a ‘natural assumption' that an adjective or determiner at the start of a list qualifies the entirety of it. In its recent decision, the Court of Appeal construed a letter of...more

McDermott Will & Emery

UK Court of Appeal Increases FRAND Rate, Applies It Outside Limitations Period

The UK Court of Appeal found that the UK High Court of Justice applied flawed reasoning in setting a global fair, reasonable and non-discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G...more

Guidepost Solutions LLC

How the UK High Court Decision on Forced Labor Impacts Your Supply Chain Due Diligence

The recent ruling by the U.K. Court of Appeal declared that the U.K. National Crime Agency’s decision not to investigate the importation of cotton produced through the use of Uyghur forced labor in China was unlawful. This...more

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

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The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

BCLP

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

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A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

A&O Shearman

Beneficial ownership registration requirement re-examined by the administrative judiciary

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Initially, the UBO Decree mandated that companies, recognized foundations and associations, trusts, and fiduciary mandates based in Italy fulfill their duty to report data and information on ultimate beneficial ownership by...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Enacts a New Digital Regime Regulating the Conduct of Major Tech Platforms

The Digital Markets, Competition and Consumers Act (DMCC or the Act), adopted on 24 May 2024, empowers the Competition and Markets Authority (CMA) to regulate the conduct of major tech platforms....more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | April 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDermott Will & Emery

Bulletin Concurrence XI | Janvier ● Février ● Mars 2024

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1. CONTENTIEUX - NON-RESPECT DES ENGAGEMENTS : GOOGLE SANCTIONNÉE À HAUTEUR DE 250 MILLIONS DANS L’AFFAIRE DES DROITS VOISINS - Par la décision n°24-D-03 du 15 mars 2024, Google est sanctionnée par l’Autorité de la...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | February 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Akin Gump Strauss Hauer & Feld LLP

Adler Restructuring Plan Set Aside: Reflections on the English Court of Appeal’s Landmark Ruling

In one of the most highly anticipated judgments in the European restructuring market in recent years, on 23 January 2024, the English Court of Appeal overturned the High Court’s decision sanctioning the Adler restructuring...more

Conyers

Update to the Adler High Court Decision: The UK’s Court of Appeal Overturns the High Court’s Approval of the Adler Restructuring...

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Following the English High Court’s written reasons for sanctioning the Adler Group restructuring plan on 21 April 2023, the English Court of Appeal has overturned the High Court’s decision and sent a strong message regarding...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 Design Patents Year in Review: Analysis & Trends

Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have...more

A&O Shearman

The Adler appeal: our key takeaways

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The Adler appeal: Our key takeaways from the landmark Court of Appeal judgment setting aside the Adler restructuring plan, and what it means for future restructuring plans - The Court of Appeal has handed down its...more

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