(Cross-border) jurisdiction

Note on High Court, 27 November 2012, Actavis/Eli Lilly Introduction Last year the English Supreme Court in a copyright case held that there is no doubt that the modern trend is in favour of the…

Miquel Montana’s preliminary comments on the decision of the English High Court in Actavis v Eli Lilly [27th November 2012] provide interesting food for thought. Since some readers may not be…

On 27 November 2012, the Honourable Mr Justice Arnold surprised the European patent community with an unprecedented decision (Actavis Group HF and Eli Lilly & Company; Medis EHF and Eli Lilly &…

The CJEU decided yesterday that a negative declaratory action seeking to establish the absence of liability in tort, delict, or quasi-delict does fall within the scope of the "place of tort" pursuant…

One of the remedies available to intellectual property owners introduced by what is known as the Enforcement Directive was the publication of the judgment where infringement is declared. This remedy…

The Court of Appeal held that Roche c.s. infringed the patent. Test results regarding the allegedly infringing product were admitted as evidence because Roche's arguments were held insufficient to…

On 27 September 2012, a new consolidated version of the Draft Agreement on a Unified Patent Court (Document 14268/12) was (finally) published. The consolidated text includes some of the amendments…

In the wake of the UPC Agreement having been entered into under the Danish presidency, there was widespread euphoria about the many, potentially positive, aspects of Danish SME litigants being able…

The Court decided it has jurisdiction in preliminary proceedings in respect of the alleged unlawful act by a Dutch company, consisting of facilitating - as the holder of a marketing authorization -…