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Showing posts with the label Lord Doherty

Patents - Reactec Ltd v Curotec Team Ltd

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By Kim Traynor - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=22544850 Jane Lambert Court of Session, Outer House ( Lord Doherty)  Reactec Ltd. v Curotec Team Lt d . [2020] CSOH 77, [2020] ScotCS CSOH_77 This was a patent infringement claim with a counterclaim for revocation of the patent on the ground of obviousness.  The proceedings took place before Lord Doherty in the Outer House of the Court of Session in Edinburgh.  For those unfamiliar with the Scottish court system, the Court of Session is the highest civil court in Scotland with original and appellate jurisdiction.  The first instance division is called the Outer House and the appellate division the Inner House (see " About the Court of Session"  on the Scottish Courts and Tribunals website).  Rule 55.2 of the Court of Session Rules  provides for patent cases in the Outer House to be heard by a designated intellectual property judge. Patent in...

An IP Case from my Alma Mater - University of St Andrews v Student Gowns Ltd

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Standard YouTube Licence Jane Lambert Outer House, Court of Session (Lord Doherty) The University Court of the University of St Andrews v Student Gowns Ltd  [2019] CSOH 86, [2019] ScotCS CSOH_86 This was a challenge to the jurisdiction of the Scottish courts by Student Gowns Ltd. ("Gowns") .  Gowns is an English company carrying on business from premises in London. In 2018 it marketed a red gown to undergraduates of the United College of St. Salvator and St Leonard  in the University of St. Andrews through its website and on Google and Amazon and a roadshow in St Andrews.  The University Court of the University of St Andrews  ("the Court"), the governing body of the University and proprietor of the registered trade marks UNIVERSITY OF ST. ANDREWS , ST ANDREWS UNIVERSITY and THE UNIVERSITY OF ST. ANDREWS, brought proceedings against Gowns in the Outer House of the Court of Session for infringement of those marks and passing off. In its defence, Gowns a...