("Samsung Korea") and Samsung Electronics GmbH ("Samsung Germany") covering
Samsung's Galaxy Tab 10.1 tablet computer, based on a Community Design Patent
owned by Apple (file no. 14c O 194/11). The injunction, which came just days
before the intended launch of the device in Germany, was upheld in a modified
form after an oral hearing and this was confirmed in a final decision rendered
on 9 September. The case is part of an ongoing international battle between
Apple and Samsung.
EU Merger Control in the Technology Sector
Morten Nissen, Laura Holt, and
Geoffroy van de Walle de Ghelcke
Over
the last few months, a number of high profile acquisitions in the technology
sector were announced, including: Google's $12.5 billion acquisition of Motorola
Mobile (MMI), Microsoft's $8.5 billion acquisition of Skype, Rockstar Bidco's
$900 million purchase of Nortel patents and, in 2010, Intel's $7.68 billion
acquisition of McAfee. In this update we set out some of the possible
theories of harm that could be investigated by competition regulators in
relation to these acquisitions and highlight the importance of companies
carefully considering how regulators will react to acquisitions and future
dealings of intellectual property.
EPO refuses patent for Amazon's 1-click ordering system
Alice Sculthorpe
The
EPO Board of Appeal has refused to grant a patent for Amazon's 1-click ordering
system, holding that the method was obvious over prior art relating to online
shopping carts and cookies.
Poland: Internet industry adopts good practices for e-commerce
Piotr Dynowski LL. M. and Izabela Staniszewska-Brzózek
In early
August 2011 the IAB Poland, the Polish branch of the major international
Internet industry association, published guidelines entitled "Good practices for
e-commerce", setting out the main obligations of traders running online shops
and the rights of consumers who use their services.
Poland: New rules on labelling of batteries
Piotr Dynowski LL. M. and Izabela Staniszewska-Brzózek
On 9 August
2011, new rules on the labeling of batteries (resulting from an amendment of the
Act on communal maintenance of tidiness) came into force.
UK High Court refers questions to CJEU on the streaming of third party
broadcasts
Alice Sculthorpe
In a judgment
handed down on 18 July 2011, Mr Justice Floyd in ITV Broadcasting Ltd &
Others v TV Catch Up Ltd has given a preliminary view on questions of
infringement and defences in relation to live internet streaming of films and
broadcasts and has referred questions to the Court of Justice of the European
Union (CJEU).
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