Intellectual Property Briefings
US Supreme Court to review whether a reasonable belief of patent invalidity is a defense to induced infringement download subscription
The US Supreme Court granted a writ of certiorari to review the Federal Circuit’s holding in Commil USA LLC v. Cisco Systems, Inc.
European patent law: fundamental reform ahead download subscription
The European Union member states are preparing to introduce a new European Patent with Unitary Effect and a single Unified Patent Court with divisions located throughout Europe.
Patentability of isolated nucleic acid: US vs Australia download subscription
Patents directed to genetic material have been the subject of significant public discourse and legal challenge worldwide.
Supreme Court Corner: Kimble v Marvel Enterprises; B&B Hardware, inc v Hargis Industries; and more download subscription
This briefing from DLA Piper discusses three key intellectual property and technology cases: Kimble v Marvel Enterprises, B&B Hardware, inc v Hargis Industries and Teva Pharmaceuticals v Sandoz.
The FTC gets activist post-Actavis download subscription
The Supreme Court ruled in FTC v Actavis that settlement agreements for patent infringement suits between branded and generic drug companies are not immune from antitrust scrutiny.
Court of Appeal decides trademark dispute subscription
Information Technology Briefings
Canada’s Anti-Spam Law applies to software from 15 January download subscription
CASL applies to the installation of ‘computer programs’ — software, apps and other programs — on the computer or device of another person.
Global: 24 privacy authorities worldwide call for more mobile app privacy download subscription
The increased focus of national data protection authorities on the processing of personal data through mobile apps was again confirmed in an open letter from a group of data protection authorities.
BYOD: how to switch off this Christmas download subscription
With employees increasingly using their personal mobile phones for business calls, employers must consider the legal implications of today’s ‘always on’ environment more than ever.
Right to privacy still tentative in Japan download subscription
A court ruled in the case of a plaintiff who claimed his privacy rights had been violated because Google search engine results of his name included news articles suggesting he had a criminal past.
The UK Bribery Act: The practical difficulties for financial services companies download subscription
The practical difficulties facing companies wishing to implement a robust response to the UK Bribery Act should not be underestimated.
Amendments to Russian de-offshorisation law download subscription
New amendments to the Russian Tax Code regarding de-offshorisation will enter into force on 1 January 2015.
Key employment law developments in 2014 download subscription
Addleshaw Goddard looks back at the key legislative developments for 2014.
Employment law: what’s on the horizon for 2015? download subscription
Addleshaw Goddard gives an overview of future legislative developements for the coming year.
The comptroller of patents has been given extra powers to revoke patents download subscription
The comptroller of patents has been given extra powers to revoke patents based on lack of novelty or inventive step.
From the firm of the week
What’s coming up: the major cases, government policy changes, and litigation and dispute resolution legislation to look out for in 2015
We know that it is important for businesses to be aware of upcoming legal and regulatory changes, so that they can plan ahead. View Walker Morris’s summary of some of the key upcoming decisions in major cases, changes to government policy and forthcoming legislation relating to litigation and dispute resolution in an easy-to-use table by clicking the link below: http://www.walkermorris.co.uk/whats-coming
The answer is yes, if they were not created as part of a genuine attempt to settle an existing dispute.
Do you have to waive privilege to prove mitigation? subscription
In Rentokil Initial 1927 PLC v Goodman Derrick LLP, the claimant’s refusal to waive privilege was criticised by the court.
Sony Entertainment hackers silence free speech download subscription
When Sony announced film The Interview would not be released at all, it marked the first time that a film has been withdrawn purely because of a hack attack
UK: freedom of speech — unnamed artist to appeal publishing injunction in the Supreme Court download subscription
A well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL.
The term of copyright protection for literary, dramatic and musical works is the creator’s life plus 70 years.
Regulatory and compliance Briefings
MiFID2: ESMA publishes first technical advice download subscription
ESMA follow-up papers address aspects of delegated legislation and technical standards to be made under MiFID 2 and MiFIR.
Slovenia: changes to food legislation — part I download subscription
On 13 December 2014, Regulation 1169/2011 on the Provision of Food Information to Consumers became directly applicable in Slovenia.