Tag Archives: objective

Objective Justification in Abuse of Dominance Cases in India

[Basu Chandola is a BBA LLB graduate (batch of 2018) from the National Law University Odisha. The concept of objective justification provides that a dominant enterprise will not be abusing its dominant position if it can provide a justification for … Continue reading

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Does a “Blocking Patent” also Block Objective Indicia of Nonobviousness

by Dennis Crouch Acorda Therapeutics, Inc., v.  Roxane Laboratories, Inc. (Supreme Court 2019) Obviousness is the core doctrine of patentability and primary focus of both patent examination and post issuances PTAB challenges.  In this case, Acorda has asked the U.S. Supreme … Continue reading

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More Affordable and Innovative Medicines and Treatments in Europe – Has the Competition Enforcement Met the 2009 Objective?

A decade ago, the European Commission conducted a thorough sectoral inquiry into the European pharmaceutical sector that identified antitrust shortcomings impeding access to more affordable and innovative medicines and treatments. Concluding this inquiry by setting priority actions for the years … Continue reading

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Swedish Court Establishes Novel Form of Abuse and Objective Justification – Tobacco Marketing Regulation Excused Restriction of Competitors' Opportunities of Marketing in Coolers Lent to Dealers

Kristian Hugmark and Måns Gottfries explain Swedish Court Establishes Novel Form of Abuse and Objective Justification – Tobacco Marketing Regulation Excused Restriction of Competitors' Opportunities of Marketing in Coolers Lent to Dealers. ABSTRACT: The case concerned Swedish Match, a major… … Continue reading

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What is the Role of the Objective Indicia of Nonobviousness

by Dennis Crouch ZUP, LLC, Petitioner v.  Nash Manufacturing, Inc. is a nice teaching case because the invention is so simple.  Zup’s patent covers a wake-board with a particular handle configuration and a method of riding the board — using the … Continue reading

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