McGregor on Damages

McGregor on Damages

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The 7th Edition of the CIPA Guide is a fully updated version of this established work, acknowledged since 1980 as a must-have for any practitioner advising on patents. Its purpose has remained unchanged since first publication: qThe broad aim has been to provide a manual for reference, if not daily, at least whenever any doubt arises on the provisions of the Act or Rules and above all on the practice under themq. Since publication of the 6th Ed in 2009 the flow of significant new material has been relentless, including revisions to the Patents Rules, the Civil Procedure Rules and EU Regulations and landmark decisions of the UK Courts, the EPO Appeal Boards and (of increasing significance to UK and European practitioners) the US courts. A new edition was considered of more use to practitioners than a second supplement since these changes could be evaluated fully and incorporated into the main text. Compiled by a team of 34 professionals including patent attorneys, solicitors and members of the Bar individually selected for knowledge of and insight into the subjects to which they contribute, this essential guide gives you all the tools you need to protect the rights of your clients. * Features a unique section-by-section guide to the Patents Act, 1977 and relevant provisions of the Copyright, Designs and Patents Act, 1988 * Includes the complete text of each section and of any relevant Patents Rules, Civil Procedure Rules and practice directions * Provides extensive commentary on the interpretation of each section by the UK-IPO and courts and on relevant case law of the EPO Appeal Boards * Refers to over 3300 decisions of the UK IP Office and courts and of the EPO Appeal Boards * Includes in-depth of analysis of both reported and significant unreported decisions * Acts as a practical guide to the current requirements of and procedures before the UK-IPO and the UK courts * A trusted and authoritative text with an easy to follow layout making your research quicker and easier * The first port of call for both patent prosecutors and litigators needing access to current law and practice qI shall continue to keep the book within easy reach. So should anyone else concerned with European or British patents.q The Right Hon. Professor Sir Robin Jacob qThe legal scholarship found in this book has an important role to play.q The Hon. Randall Rader, Chief Judge, U.S. Court of Appeals for the Federal Circuit Features Sections and Schedules with: Relevant Rules; Commentary and Practice, including the following: * Contains an extensively rewritten discussion of patentable subject matter (s. 1) evaluating the impact of the landmark decision of the EPO Enlarged Appeal in G3/08 PRESIDENT'S REFERENCE and numerous subsequent decisions of the UK IP Office, UK courts and the EPO Appeal Boards * Updates its discussion of novelty (s.2) explaining landmark Court of Appeal decisions in Gemstar v TV Guide, Leo Pharma v Sandoz and Dr Reddy's v Eli Lilly (selection inventions) and numerous EPO Appeal Board decisions * Contains a re-written review of inventive step (s. 3), explaining decisions of the House of Lords in Conor v Angiotech and Generics v Lundbeck and landmark Court of Appeal decisions including e.g. Schlumberger v Elecgtromagnetic Geosciences, Napp v Ratiopharm, Virgin Atlantic v Premium Aircraft Interiors and Generics v Daiichi; also explaining how the EPO's PSA approach differs as between mere alternatives and advantageous alternatives * Contains a revised discussion on industrial applicability (s. 4) following the House of Lords decision in Eli Lilly v Human Genome Sciences * Updates its explanation of methods of treatment and diagnosis including the key decisions of the EPO Enlarged Appeal Board in G2/08 ABBOTT RESPIRATORY/Dosage Regime and G1/07 MEDI_PHYSICS/Treatment by surgery (s. 4A) * Revises the treatment of biotechnological inventions (76A) updated to include e.g. MedImmune v Novartis * Updates the discussion of Supplementary Protection Certificates (s. 125B), provides the latest version of Regulation (EC) 469/2009 and discusses the latest UK and European decisions on SPCs. * Reviews the latest decisions on insufficiency including CoreValve v Edwards Lifesciences, Ratiopharm v Alza, HTC Corp v Yozmot, Schlumberger v Electromagnetic Geosciences and Novartis v Johnson a Johnson and numerous decisions of the EPO Appeal Board (s. 14) * Explains the latest opinions on infringement (s. 60) including Virgin Atlantic v Delta (kit of parts), Medimmune v Novartis (direct product of patented process), Rambaxy v AstraZeneca (use claims), Grime v Scott (contributory infringement) and Schutz v Werit (license to repair) * Updates extent of protection (125) to include key decisions e.g. in Ancon v ACS Stainless Steel fixings, Dyson v Samsung, Medimmune v Novartis and Virgin Atlantic v Premium Aircraft Interiors. * Outlines key decisions on groundless threats (s.70) under the amended section, including Zeno Corp v BSM-Bionicand FNM Corp v Drammock * Explains the new Patents Court procedures set out in CPR Part 63 and the new Practice Direction together with the new procedure in the Patents County Court (s. 61 and Appendix F). * Reviews new procedures for dispute handling in the UK IP Office (s. 123) PATENTS RULES 2007 Titles of Rules with cross-references to text locations COPYRIGHT, PATENTS AND DESIGNS ACT 1988 Arrangement of sections in Parts V and VI Sections 274-295 with Commentary APPENDICES A: History of United Kingdom Patent Law B: Supplementary Protection Certificates C: The Biotechnology Directive D: The Treaty on the Functioning of the European Union (TFEU) E: Civil Procedure Rules (Extracts) F: Part 63 of the Civil Procedure Rules G: Patents Court Guide and Patents County Court Guide H: Patent Attorney and Trade Mark Attorney Qualification and Registration Regulations 2009 I: Rules for Examination and Admission of Individuals 2011 J: Rules of Conduct for Patent Attorneys, Trade Mark Attorneys and Other Regulated Persons K: Special Rules of Professional Conduct Applicable to Regulated Persons Conducting Litigation or Exercising a Right of Audience Before the CourtThe 7th Edition of the CIPA Guide is a fully updated version of this established work, acknowledged since 1980 as a must-have for any practitioner advising on patents.


Title:McGregor on Damages
Author: Harvey McGregor
Publisher:Sweet & Maxwell - 2010-11-01
ISBN-13:

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