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13 December 2013
Issue: 7588 / Categories: Case law , Law digest , In Court
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Patent

HTC Corporation v Nokia Corporation [2013] EWHC 3778 (Pat), [2013] All ER (D) 32 (Dec)

The time had come to recognise that, in cases concerning infringements of intellectual property rights, the criteria to be applied when deciding whether or not to grant an injunction were those laid down by Art 3(2) of the Enforcement Directive. Art 3(2) of the Enforcement Directive permitted and required the court to refuse to grant an injunction where it would be disproportionate to grant one even having regard to the requirements of efficacy and dissuasiveness. Where the right sought to be enforced by the injunction was a patent, however, the court had to be very cautious before making an order which was tantamount to a compulsory licence in circumstances where no compulsory licence would have been available. If followed that, where no other countervailing right was in play, the burden on the party seeking to show that the injunction would be disproportionate was a heavy one.

 

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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