KONINKLIJKE PHILIPS N.V. v ASUSTEK COMPUTER INCORPORATION

2020 ◽  
Vol 137 (1) ◽  
pp. 1-63
Author(s):  
Keyword(s):  
General Knowledge ◽  
Court Of Appeal ◽  
Skilled Person

Abstract H1 Patents – European patents – Standards essential patents – Technical trials – Obviousness – The skilled person – Common general knowledge – Mindset – “Lions in the path” – The relevance of commercial considerations – Hindsight – Secondary evidence – Essentiality – Construction – Appeal to Court of Appeal

Eli Lilly and CO v Genentech, Inc

2021 ◽  
Keyword(s):  
Case Management ◽  
General Knowledge ◽  
Summary Judgment ◽  
Special Circumstances ◽  
Court Of Appeal

Abstract H1 European patents – Revocation proceedings – Divisional Patents – Pharmaceuticals –Preliminary issue – Summary judgment - Issue estoppel – Abuse of process – UK designation of closely related patent held invalid at first instance – Permission granted to appeal to the Court of Appeal - Related patent now also held invalid in central proceedings before the EPO – Special circumstances – Injustice – Application to amend claims – Plausibility – Changes in common general knowledge – Case management

Interests and General Knowledge: Insights From Cross-Cultural Research

2010 ◽  
Author(s):  
Verena S. Bonitz ◽  
Patrick I. Armstrong ◽  
Lisa M. Larson
Keyword(s):  
Cross Cultural ◽  
General Knowledge ◽  
Cultural Research ◽  
Cross Cultural Research

Revisiting the passivation of stainless steels and other passive CRAs

2018 ◽  
Vol 106 (1) ◽  
pp. 107 ◽  
Author(s):  
Jean- Louis Crolet
Keyword(s):  
Electrical Conductivity ◽  
Metal Ions ◽  
Base Metal ◽  
Stainless Steels ◽  
Electronic Conductivity ◽  
Transport Processes ◽  
General Knowledge ◽  
Inorganic Polymers ◽  
Faraday Cage

All that was said so far about passivity and passivation was indeed based on electrochemical prejudgments, and all based on unverified postulates. However, due the authors’ fame and for lack of anything better, the great many contradictions were carefully ignored. However, when resuming from raw experimental facts and the present general knowledge, it now appears that passivation always begins by the precipitation of a metallic hydroxide gel. Therefore, all the protectiveness mechanisms already known for porous corrosion layers apply, so that this outstanding protectiveness is indeed governed by the chemistry of transport processes throughout the entrapped water. For Al type passivation, the base metal ions only have deep and complete electronic shells, which precludes any electronic conductivity. Then protectiveness can only arise from gel thickening and densification. For Fe type passivation, an incomplete shell of superficial 3d electrons allows an early metallic or semimetallic conductivity in the gel skeleton, at the onset of the very first perfectly ordered inorganic polymers (- MII-O-MIII-O-)n. Then all depends on the acquisition, maintenance or loss of a sufficient electrical conductivity in this Faraday cage. But for both types of passive layers, all the known features can be explained by the chemistry of transport processes, with neither exception nor contradiction.

On the Powers of the Court of Appeal in Civil Procedure

2017 ◽  
Vol 7 (2) ◽  
pp. 65-72
Author(s):  
V.V. Kotlyarova ◽  
Keyword(s):  
Civil Procedure ◽  
Court Of Appeal

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

Analisa Wacana Pemberitaan Kasus Korupsi E-KTP Pada Media Kompas.com Terhadap Pembentukan Opini Publik

2019 ◽  
Vol 4 (1) ◽  
pp. 1-19
Author(s):  
Neri Widya Ramailis ◽  
Dede Nopendri
Keyword(s):  
Mass Media ◽  
Social Control ◽  
The Other ◽  
Main Function ◽  
General Knowledge ◽  
Visual Method ◽  
The Public ◽  
The Media ◽  
Private Entrepreneurs

Discourse is a series of sentences that relate and connect one proposition with the other propositions to from a unity. The main function of the news is not to warn, instruct, and make the public stunned, the main function of the news is to inform and then it is upto the public to utilize the news. There are two ways for the news to be useful to the public, the first to effort news as general knowledge and the second to effort the news a tool of social control. E-Ktp corruption cases are one of the biggest corruption cases that occurered in Indonesia. Therefore, many mass media reported heavilly on E-Ktp corruption cases, one of which was the kompas.com. furthermore, to find out how the writer gets the source the writer gets the source of data and information the writer uses the criminology visual method and then analyzes it using criminology newsmaking theory. However, the results of this study illustrate that the aspect highlighted are those of actors suspected of being involved in E-Ktp corruption cases. Where the media only emphasizes one institution, namely the people’s representative council, even though in this case the involved parties are not only the legislature but case the involved parties are not only the legislature but also from various institutions such as the interior ministry, state-owned enterprises, and private entrepreneurs. In the aspect of media projection Kompas.com make the bulk of the news about E- Ktp corruption cases as news headline and a tranding topic.

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