Despite various hurdles, the Unified Patent Court and Unitary Patent project march on. But issues in Germany and Brexit could affect its start date and success, say Sebastian Fuchs, Schi-Hwa Chae and Tatiana Dolenko
There are many other clauses that should be in a Clickwrap Agreement bowdoin.edu - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from bowdoin.edu Daily Mail and Mail on Sunday newspapers.
24 Dr Maxi Scherer, Kay Weinberg, Francis Hornyold-Strickland, Memorandum to IBA Subcommittee on how the English Courts Address the Issue of ‘Arbitrability’ in the Context of The New York Convention, at 9; Pascal Hollander, IBA Subcommittee Report on the concept of ‘Arbitrability’ under the New York Convention
, at 13.
26 35 U.S.C. § 294(c).
Packeteer, Inc. v. Valencia Systems, Inc., 2007 WL 707501, 82 U.S.P.Q.2d 1216 (N.D. Cal. 2007) (‘Courts, however, have held that copyright issues are subject to arbitration. The Ninth Circuit has assumed that copyright validity is arbitrable.’);
Boss Worldwide LLC v. Crabill, 2020 WL 1243805 (S.D.N.Y 2020) (holding that ‘plaintiff’s DMCA claim falls within the scope of the arbitration clause’ and rejecting argument that ‘Congress precluded DMCA claims from arbitration’).
Unified Patent Court put on hold – again lawgazette.co.uk - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawgazette.co.uk Daily Mail and Mail on Sunday newspapers.
Thursday, March 11, 2021
Brainstorming: how do we get out of this quagmire of extraterritorial patent rulings and multi-antisuit injunctions?
International comity the notion that sometimes there should be deference to another country s courts practically died in the context of standard-essential patent (SEP) litigation last year when the UK Supreme Court ruled that British courts could force an implementer at injunctive gunpoint to take a global portfolio license on FRAND terms determined in London, regardless of whether it generates 99% of its sales in the rest of the world. Arguably, German courts previously contributed to this development by allowing SEP holders to insist on a global portfolio license and by justifying an anti-antisuit injunction with the sanctity of intellectual property rights as well as the concept of self-defense.