The following IP practice note provides comprehensive and up to date legal information covering:
A patent owner has to prove two elements before it can secure an infringement finding (and then an injunction, damages, etc) from the court. First, the patent owner has to prove that the alleged infringer has been engaging in particular commercial activities. Second, the patent owner has to prove that the things the infringer is dealing in fall within the technical claims of the patent. This Practice Note is about the commercial activities, particularly the less straightforward ones. For more details about proving infringement in the technical sense, see Practice Note: Patent infringement.
There are several different commercial activities that could give rise to a finding of patent infringement. Deciding which type of infringement is happening matters. First, it affects how a patent owner has to present its case in its documents when launching infringement proceedings. Secondly, it can affect which of the supposed infringers are legally deemed to infringe in the UK because their activities happen in the UK. Thirdly, once a company is found to infringe, the type of infringement in which it is engaged may affect how much compensation it must pay to the patent owner for infringing.
Direct infringement is the closest dealing with the product or process that is under patent protection. Direct infringement tends to involve dealings such as manufacturing (in the UK) a product
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This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
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