Estoppel Doctrine in China's Patent System
The former members of English punk band the Sex Pistols brought their unique brand of anarchy to contract law, in a dispute over the construction, effect and enforceability of the band member agreement they entered into in...more
An intercreditor agreement provided that neither creditor would challenge the “validity” of the other’s security. The term “validity” was interpreted broadly to prevent a challenge to the general effectiveness of the...more
In Smoke Club Ltd and others v Network Rail Infrastructure Limited, the Upper Tribunal held that the claimants had an inferred periodic tenancy but no claim under proprietary estoppel. A lease of any kind was never agreed....more
Parties may struggle to establish issue estoppel based on a foreign judgment, even when they agreed exclusive jurisdiction of English courts. MAD Atelier International BV v. Manès [2020] EWHC 1014 (Comm) considers key...more
English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud. Introduction - In Takhar v Gracefield Developments Limited and others...more
The recent decision of the UK Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 highlights the need for strict observance of No Oral Modification clauses in agreements....more
An undertaking to appoint a process agent “irrevocably” describes the nature of the obligations as between the contracting parties, not the manner of the process agent’s appointment. Therefore, if one of the parties...more
The UK Supreme Court opinion in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 marks a step change in English law’s treatment of ‘No Oral Modification’ (“NOM”) clauses. The Court opined that...more
Judgment confirms the effectiveness of contractual provisions that prevent the parties from varying their contract orally. The Supreme Court of the United Kingdom recently held that an oral variation of a contract was...more
Worldwide Doctrine of Equivalents and Prosecution History Estoppel - The doctrine of equivalents (DOE) arises in the context of a patent infringement action where the accused product or process does not literally infringe...more
For the best part of 10 years, since the judgment of Lord Hoffmann in Kirin-Amgen v Hoescht Marion Roussel, it has been widely assumed that there is no file wrapper estoppel in the UK and no doctrine of equivalents either. ...more