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A New Front in The Patent Wars: CJEU Asked for Guidance on Limits to Injunctive Relief

The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more

4/11/2013 - CJEU EU Injunctions Remedies Standards-Essential Patents TFEU

Brussels Court of Appeal Rules that Legal Professional Privilege Applies to In-house Counsel

On 5 March 2013, the Brussels Court of Appeal delivered a judgment finding that, under Belgian law, in-house counsel are covered by legal professional privilege (LPP). In relation to antitrust investigations, the ruling...more

3/15/2013 - Attorney-Client Privilege EU European Commission In-House Counsel

UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action

On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages claims against competition...more

3/7/2013 - Class Action Competition Appeal Tribunal Opt-Outs Unfair Competition

European Commission Proposes Changes to the Rules Applicable to Technology Licensing

On 20 February 2013, the European Commission launched a public consultation in relation to a draft proposal for a revised block exemption for technology transfer agreements (the proposal). The Commission seeks to improve and...more

3/4/2013 - Competition European Commission Licenses Non-Challenge Clauses Patents Technology Transfer Agreements

A Dutch Court Hands Down the First Substantive Damages Judgment in the Netherlands for an Infringement of Competition Law

In a recent judgment, a District Court in the Netherlands (the DCA) handed down a judgment in what is the first substantive damages judgment in the Netherlands for a breach of competition law. In issuing the declaration of...more

2/27/2013 - Breach of Competition Law Cartels Competition Damages Declaratory Judgments EU GRId System Indirect Purchasers Infringement

Maritime Transport Subject to EU General Competition Law Guidelines From 26 September 2013

Up until 18 September 2006, maritime transport services were exempt from the EU competition rules in respect of liner conferences. In addition, cabotage and international tramp vessel services were exempt from the...more

2/22/2013 - Competition EU Maritime Transport Sector-Specific Guidelines Shipping

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

12/28/2012 - America Invents Act Claim Construction Competition Copyright Infringement ITC Nonobviousness Obviousness Patent Assertion Entities Patents Pay-For-Delay Permanent Injunctions Preliminary Injunctions Reissue Patents Restitution Trade Secrets Trademarks Walker Process Claims

U.S. Supreme Court to Rule on “Pay-for-Delay” Antitrust Issue

The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of...more

12/11/2012 - FTC Patents Pay-For-Delay Pharmaceutical Reverse Payment Settlement Agreements Split of Authority

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