Compensatory damages definition

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What to think about before bringing a private competition action—checklist

What to think about before bringing a private competition action—checklist Is there an actionable claim? Note: private competition actions remain largely regulated by national law and procedural and substantive rules across the EU may vary significantly, therefore assessments in individual jurisdictions will need to be made when planning competition litigation. Possible causes of action • Consider if there is an infringement of UK competition law (or EU competition law prior to the end of the Brexit transition period). ◦ Consider whether the loss suffered can be attributed to an agreement or concerted action between undertakings, especially competing undertakings (see further, The prohibition on restrictive agreements). ◦ Consider whether the loss might have been caused by an entity that is arguably dominant typically with a large share of a relevant market, and could be said to have abused its dominance contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if prior to the end of the Brexit transition period) (see further, The prohibition on abuse of dominance)....

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US—patents fundamentals—the America Invents Act

US—patents fundamentals—the America Invents Act This Practice Note was originally written for Lexis Practice Advisor®, in the US. This Practice Note provides an introduction to the Leahy-Smith America Invents Act (AIA), which is the first major overhaul of the US patent system since the Patent Act of 1952. It converts the US patent system from a first-to-invent to a first-to-file system for patents with an effective filing date on or after March 16, 2013. A first-to-file system awards the patent to the inventor who first files the application, as opposed to the inventor who first reduces the invention to practice. This encourages prompt application filings and in most cases eliminates the need to resolve disputes as to who is the first inventor. Moving to a first-to-file system also harmonizes the US patent system with foreign patent systems, which are nearly all first-to-file. In addition to switching to the first-to-file system, the AIA also: • expanded the procedures available in the US Patent and Trademark Office (USPTO) for patent...

Remedies for breach of restrictive covenants

Remedies for breach of restrictive covenants This Practice Note explains when damages for breach of restrictive covenants might be awarded in lieu of an injunction, how damages are assessed and what happens if the beneficiary delays in claiming for the breach. Damages or injunction—the test The primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the courts have jurisdiction to award damages instead of an injunction. The court's jurisdiction is equitable (except in the case of a breach by an original covenantor) so the court has discretion as to the appropriate remedy. The court is entitled to consider conduct, for example, delay or inactivity by the beneficiary as evidence that an award of damages in lieu of an injunction will be appropriate. In Shelfer v City of London Electric Lighting, the court confirmed the ‘working rule’ for awarding damages instead of an injunction was if: • injury to the claimant's legal rights is small • the injury is...

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How, in summary, does the loss of a chance approach work?

How, in summary, does the loss of a chance approach work? This Q&A should be read in conjunction with Practice Note: Loss of chance damages. Loss of chance claims can be complex. For a summary of practical considerations when pursuing or faced with a claim in which loss of chance damages are sought, see Practice Note: Loss of chance damages—Loss of chance damages—practical considerations. What is the loss of a chance approach? The loss of chance approach is relevant to claims for damages (whether arising in contract or tort) where the future or hypothetical actions of a third party impact on causation. When claiming compensatory damages, generally the claimant must establish causation, ie that on the balance of probabilities, the defendant’s wrong caused the claimant’s loss. Ordinarily, the traditional ‘but for’ test applies, and essentially the question is: whether the damage would have accrued but for the defendant’s action. If the court finds that, as a matter of fact, the defendant’s wrong caused the loss complained of,...

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USA—US$70m award over software theft dispute enforced

Law360: A New York federal judge has affirmed an unopposed US$70m arbitral award in favor of US artificial intelligence software and robotic process automation company UiPath against a China-based competitor over allegedly stolen source code.

Protecting personal conversations from human monitoring

Risk & Compliance analysis: Vice’s ‘Motherboard’ team has found that Microsoft workers occasionally listen to real Skype conversations that have been processed by translation software, despite this not being explicitly stated in Skype's terms and conditions. Emma Wright, partner in the commercial technology team, and Anita Bapat, partner in the data protection and privacy team, both at Kemp Little, discuss the implications of this on consumers and businesses, and highlight the importance of consumers and businesses alike taking the time to read terms and conditions and privacy policies before signing on the dotted line.