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EPLAW PATENT BLOG
UK – Gemstar-TV Guide International Inc. v Virgin Media Limited – EPLAW
Having had a look at the patents and the files in the European patent register, and considering the personalities involved, this looks as if it going to generate lots of interesting case law on patentability and more of the usual sniping between the EPO BoA and English courts. Interestingly enough, there was already an opposition against the first patent, and an appeal after the opposition was rejected. The appeal was then withdrawn, for whatever possible reason. The second patent was left unopposed, and as you note, one or several big teams of patent attorneys are very probably frantically preparing an opposition against the third one right now. On one hand I look forward to the lines between patentable and non-patentable subject-matter being better drawn. On the other hand, I really would Richard Branson and Rupert Murdoch weren't involved in drawing them I agree.
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England and Wales Cases page 100
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Modern Intellectual Property Law combines coverage of each intellectual property right granted for creations of the mind into a thoughtful, unified textbook. Deconstructing the fundamental topics into short, clear sections separated by subheadings throughout, Colston and Galloway's text is the ideal student companion to this intriguing area of the law. This third edition has been completely revised to bring it up to date with the latest debate and changes to the law. All significant recent developments are covered including the continuing controversy over patents for computer-implemented inventions and biotechnological inventions, the House of Lords' developments of patent law, the ECJ jurisprudence relating to trade mark dilution and comparative advertising, as well as the database right, and international efforts to reconcile copyright with peer-to-peer file sharing. This text also discusses the ongoing effort to achieve an appropriate balance between intellectual property and competition law in order to protect market competition while retaining key incentives to drive the process of innovation.