Sentences with phrase «nullity action»

Samsung is challenging all of these Community designs in a nullity action before the Office for Harmonization of the Internal Market in Alicante, Spain.

Infringement proceedings are frequently adjudged ahead of nullity cases (particularly in a court like Mannheim, a rocket docket for patents), but a regional court can stay an infringement case pending resolution of the nullity action if, in its assessment, there is a high likelihood of invalidation.

As I'll explain further below, a Linus Torvalds email that Motorola cited as prior art didn't ultimately persuade the court to stay this case for the duration of a parallel nullity action in the Federal Patent Court.

I plan to also blog about Microsoft v. Motorola cases pending before three Munich - based courts (a preliminary injunction case, a related Federal Patent Court nullity action, and an appeal involving a patent narrowed by the Federal Patent Court last year).

Nullity actions before the Federal Patent Court take longer than infringement proceedings in Munich and Mannheim, but (excluding an appeal to the Federal Court of Justice) usually not much longer than ITC investigations.

The Munich team handles cases before the Munich courts (for infringement proceedings at the trial and appellate level) and the German Federal Patent Court (nullity actions), as well as in proceedings before the German PTO (cancellation actions) and the European Patent Office.

The lawyers in our Mannheim office focus on intellectual property disputes in general and patent disputes in particular (including patent infringement suit, opposition proceedings and nullity actions).

Not exact matches

Following from the above therefore: All actions taken from the NEC and the NWC including the ward, Local government, State congresses and the planned national convention of the party slated for May 21st in Port - Harcourt, Rivers state constitute a nullity and therefore is of no effect.

He ruled that any action done outside the prescribed time would be a nullity and that the tribunal was right to stop the recounting of the ballot papers after the 14 days had elapsed.

The German team consisting of myself at COHAUSZ & FLORACK as key account and Axel Verhauwen at Krieger Mes represented France Brevets in multi-patent infringement actions filed at the Landgericht Dusseldorf against Samsung as well as the corresponding nullity proceedings initiated by Samsung at the Bundespatentgericht in Munich.

In 2001, the respondent's majority shareholder learned of the bylaw, and when Lorraine refused to amend it the developer brought an action in nullity against the bylaw in 2007, seeking damages and the removal of the infrastructures, as well as an action against the Municipality of Thérèse de Blainville, which implemented a plan that also changed the zoning for the respondent's land.

It also brought an action in nullity against bylaw 1002 of the Applicant Regional County Municipality of ThérèsedeBlainville, which implemented a development plan that also changed the zoning for the Respondent's land.

After contacting the Town, which refused to amend its bylaw, the Respondent brought an action in nullity against the bylaw in November 2007, seeking damages and the removal of the infrastructures.

New York Criminal Procedure - Article 160.6 states, Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision two of section 160.5 of this chapter, the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status he occupied...

Similarly, when defending a patent infringement action, consideration is given to filing a post-grant challenge or nullity proceeding, where we also have considerable experience.

The appellants rely on two trial level decisions where an amendment to a claim by way of obtaining a representation order was refused on the ground that the action naming a trade union contrary to the Rights of Labour Act was a «nullity».

However, the concept of an action being a nullity if it is brought in violation of a statutory requirement is not at all foreign to contemporary Ontario law.

It is difficult to reconcile Local 773's normal litigation activity on this matter over the course of more than two years with its argument that the action against it was so seriously flawed as to constitute a nullity.

The issue of the Douglases» capacity to bring this action came before the court in 2013, when the appellants brought a motion to strike the claim, arguing that the Douglases lacked capacity to commence the action because of their bankruptcies, and accordingly State Farm's action in their names was a nullity.

As stated by the Court in Beardsley v. Ontario (2001), 57 O.R. (3d) 1 (C.A.), at paras. 21 - 22: «The expiry of a limitation period does not render a cause of action a nullity; rather, it is a defence and must be pleaded.»