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Patent Licensing: ASSIA Inc v BT Plc

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A Huawei Digital Subscriber Line Access Multiplexer ("DSLAM") Author Jnnis Walter Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold, Nugee and Birss) A daptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2023] EWCA Civ 451 (26 April 2023) This was an appeal by  Adaptive Spectrum and Signal Alignment, Incorporated ("ASSIA")  against the judgment of Mrs Justice Falk in  Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2022] EWHC 1707 (Ch) (6 July 2022). Her ladyship dismissed ASSIA's claim for declarations on the construction of a patent licence granted by ASSIA to British Telecommunications Plc ("BT" ).  ASSIA's appeal came on before Lords Justices Arnold, Nugee and Birss on 29 March 2023.  By their judgment which was handed down on 26 April 2022, their lordships unanimously dismissed the appeal (see Adaptive Spectrum and Signal Alignment Inc v ...

Copyright - Warner Music UK Ltd and Others v TuneIn Inc, - The Order

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Smartphones Author Senado Federal  Licence CC BY-SA 2.0   Source  Wikipedia Smartphone Jane Lambert Chancery Division (Mr Justice Birss)  Warner Music UK Ltd and another v Tunein Inc [2019] EWHC 3374 (Ch) (18 Dec 2019) The claimants, and the groups they represent, own or hold the exclusive licences to copyright in sound recordings of music. Together, they account for more than half the market for digital sales of recorded music in the UK and about 43% globally.   If a radio station wishes to play a record in the claimant's repertoire it needs a licence from the claimant which it can obtain directly from one of the claimants or indirectly from a collecting society. As most radio stations broadcast primarily to listeners who can receive their radio signals those licences tend to be restricted to the country in which they are located.  It is now possible for radio stations to broadcast over the internet. Some stations such a...

Software Patents - Lantana v The Comptroller

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Lantana Ltd . ( "Lantana" ) is a California company that offers communication cable services, telephone systems and services and computer and data network services mainly to customers in Southern California . One of the company's employees invented a "method, systems, and computer program products for retrieving a file of machine readable data" for which Lantana applied for patents in the USA and around the world under the Patent Co-operation Treaty. The Invention  The invention is described in the abstract of the application as follows: "A user, wishing to retrieve a file of machine-readable data from a remote machine-readable data storage device, transmits a first e-mail message from a local station to a remote station via a packet switched network. The first e-mail message includes a first machine-readable instruction and a first machine-readable retrieval criterion. The remote station receives the first e-mail message from the packet ...

The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014

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Jane Lambert On 14 May 2014 the Intellectual Property Bill received royal assent. The Act made some far reaching changes in patents, registered design and unregistered design right law which I summarized in "Reflections on the Intellectual Property Act 2014"    7 June 2014   4-5 IP Tech and discussed in detail in " How the Intellectual Property Act 2014 changes British Patent Law"   21 June 2014 JD Supra, "How the Intellectual Property Act 2014 changes British Registered Design Law"   19 June 2014 JD Supra and "How the Intellectual Property Act 2014 will change British Unregistered Design Right Law"   11 June 2014 JD Supra 11 June 2014. On 28 Aug 2014 Lady Neville-Rolfe , Minister for Intellectual Property, signed  The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014  which will bring many of the provisions of the Act into force. Commencement Art 3 of the Order provides that most of the...

Trade Marks and Internet Searches: Lush v Amazon

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Jane Lambert In Cosmetic Warriors Ltd and Another v amazon.co.uk Ltd and Another [2014] EWHC 181 Mr John Baldwin QC, sitting as a judge of the High Court, had to decide whether causing advertising  to appear on an an Internet user's screen for products that competed with those of the claimants whenever  the user entered the claimants' trade mark into a search box amounted to an infringement of the claimants' mark. The Parties The claimants ( "Lush" ) manufacture and supply cosmetics under the Lush brand. They are well known for their colourful soaps and bath bombs.   The first named claimant is the registered proprietor, and the second its licensee, of Community trade mark number 01388313  ( "the CTM" ) under which the word LUSH is registered for "Perfumes; bath preparations; non-medicated toilet preparations; cosmetic preparations; lotions, powders and creams all for use on the skin; dentifrices; depilatory preparations; de...