The Supreme Court’s decision in Unwired Planet – what comes next?
Introduction The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward. These joined appeals concern Standard Essential Patents, or “SEPs”: a patent which the owner has declared to be essential… Continue reading
Jurisdiction after a no deal Brexit
Time for some more speculation about the future which awaits us after 29 March. The topic this time is jurisdiction. As the readers of this blog will know, the rules of civil jurisdiction across the EU are currently governed by the Brussels Recast regulation. The basic framework is: A defendant domiciled in a Member State… Continue reading
Intel Corporation Inc v European Commission
In its recent judgment in Intel, the Grand Chamber shed valuable light on the “qualified effects test” for jurisdiction and on the room for loyalty rebates to be compatible with competition law. Background Intel designed computer processors and sold them to original equipment manufacturers (“OEMs”) to use in central processing units (“CPUs”). One of its… Continue reading
Islands of jurisdiction for competition damages claims in a post-Brexit world
By Naina Patel and Andrew Scott When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101… Continue reading
Subsidiaries as “branches” for undertakings: a new route to jurisdiction under Article 5(5) of the Brussels Regulation?
Stand alone, follow on and hybrid damages claims arising out of multijurisdictional cartels are generating some of the most novel and interesting current problems in conflicts of laws, both in relation to issues of jurisdiction and applicable law. On the jurisdictional side conventional wisdom has it that there are three main routes by which Claimants… Continue reading
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