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Drawing the Line in Contractual Claims


By Humphrey Lloyd QC and Jennifer Jones, Atkin Chambers Contracts often limit the losses recoverable for a default, for example saying that those which are “indirect” or “consequential” are not recoverable. Where is the line to be drawn? If the contract is governed by the law of England and Wales, a court or arbitral tribunal will probably get some help from seeing what might be allowed in law in a comparable situation for damages for breach of contract.

Terminations for Convenience: Contracting for the “Upper Hand”


wilson chu

Construction 2016: Discussion

Who’s Who Legal brings together R Bruce Reynolds of Borden Ladner Gervais and independent arbitrator Douglas Jones AO to discuss issues facing construction lawyers and their clients today.

The Construction Industry and the Call for Concerted Action


By Júlio César Bueno, Pinheiro Neto Advogados Studies by Transparency International, the Organisation for Economic Co-operation and Development (OECD) and the American Society of Civil Engineers highlighted construction as one of the sectors most prone to corruption. 

Précis on the Federal Circuit’s Influence on Post-Grant Review Trial Practice


By Kenneth R Adamo and Eugene Goryunov, Kirkland & Ellis The America Invents Act, enacted in 2011, has significantly changed the patent litigation landscape in the US. It created the Patent Trial and Appeal Board (PTAB) and three new principal post-grant review mechanisms: post-grant review (PGR), inter partes review (IPR) and covered business method review (CBMR) (collectively, PTAB trials). 

Brazil Patent Updates


By Luiz Leonardos, Gustavo Leonardos and Ana Paula Jardim, Luiz  Leonardos & Advogados There is no doubt that the competitiveness of a company is directly dependent on access to the most modern technologies; and, in turn, the development of such innovative technologies is itself directly dependent on a strong and efficient patent rights protection system.

How the United States Patent Office Became the Place Where Patents Go To Die


Patricia A Martone, Law Office of Patricia A  Martone PC  Much has been written about the America Invents Act (AIA) enacted in 2011. This article focuses on the Inter Partes Review (IPR) procedures of the AIA. These procedures, which take place in the United States Patent and Trademark Office (USPTO), are designed to provide a speedy substitute for district court determinations of prior art validity challenges.

Unified Patent Court Issues for Tech Companies


By Nicola Dagg, Allen & Overy, and Astrid Arnold, Peerpoint There can be no doubt that business confidence in the European unitary patent project is growing as the new Unified Patent Court moves towards go-live in early 2017. Recent surveys suggest that a majority of patent-heavy companies expect the new European unitary patents to make up all or most of their future filings, and many companies are expressing an intention to use the new court system from the outset – at least in relation to some of their European patents.

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