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This article discusses the judgment of the Court of Justice of the European Union in Solvay v. Honeywell and its potential impact on the possibility of concentrating the litigation of multiple countries' patents in a single national court.Concentrating patent litigation that involves parallel...
Persistent link: https://www.econbiz.de/10013090050
We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK – covering cases filed during the period 2000-2008. For our analysis, we assemble a new dataset that contains detailed information at the case, litigant, and patent level for...
Persistent link: https://www.econbiz.de/10013075267
In this contribution to the Symposium honoring Stephen Yeazell, the author explores the interaction between group litigation and social context in the contemporary setting. She traces recent developments in the law of class action waivers coupled with mandatory individual arbitration clauses in...
Persistent link: https://www.econbiz.de/10013077045
The Ontario government has recently made changes to provincial securities law that are aimed at more e/effective enforcement. For example, statutory civil remedies are now available to investors in actions involving misrepresentation or inadequate disclosure in the secondary market. A broader...
Persistent link: https://www.econbiz.de/10013146870
We address one of the cardinal puzzles of European corporate law: the lack of derivate shareholder suits. We explain this phenomenon on the basis of percentage limits which require shareholders to hold a minimum amount of shares in order to bring a law suit. We show that, under this legal...
Persistent link: https://www.econbiz.de/10013068394
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The American Antitrust Institute (AAI) and the University of San Francisco School of Law (USF Law) released a commentary (Commentary) on a new annual report examining antitrust class actions in federal court from 2009 to 2019. The 2019 Antitrust Annual Report (2019 Report) finds that cases...
Persistent link: https://www.econbiz.de/10013223298
The present paper focuses on the emerging human rights-based climate change litigation legal movement and proposes an ECHR law-based litigation route that can be used, along with European and national constitutional law arguments, in national courts of states that participate in the ECHR system,...
Persistent link: https://www.econbiz.de/10013225875
Private plaintiffs in U.S. civil litigation seeking damages alleged to have resulted from cartel activities often view the European Commission’s case file as an important source of evidence against cartel participants and seek through U.S. discovery procedures to obtain access to materials in...
Persistent link: https://www.econbiz.de/10013229196