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This was an application by Boehringer for ex parte interim injunctive relief to stop Vetplus publishing an advertisement and a press release in various journals relating to one of its products. The press release in cited Boehringer's own test results, which the company had handed over to Vetplus on the basis that they were not to be disclosed. According to Boehringer, publication would denigrate its product. In support of its application, Boehringer produced a list of test results it had carried out and other results carried out by others, all of which were designed to indicate that the test results which formed the basis for the press release were scientifically unreliable.
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The IPKat is fascinated by scientific evidence: whether in the hands of lawyers or scientists it seems almost endlessly open to interpretations and methodological objections and its veracity is certainly not an ideal issue for determination in interim proceedings. Merpel adds, it's not surprising that Boehringer's evidence only supported Boehringer's case - but Boehringer would be duty-bound to disclose adverse evidence too. If it became apparent that contrary evidence existed, to Boehringer's knowledge, but was not produced at the interim stage, one imagines that the court would have something pretty pungent to say about it.
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Several studios and cable networks sued, since they had not given their permission for the rebroadcast of the programmes. Cablevision said that, since the control of the recording and playback was in the hands of the consumer, not itself, the devices were compliant with copyright law on an application of the Sony v Universal City Studios doctrine (the Betamax case). Judge Denny Chin disagreed and this dispute is now likely to ascend the judicial ladder in the form of an appeal.
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Right: Catatonia caused by too much TV viewing
Merpel says, you forget that the US is a litigation-oriented culture. Suing someone in these circumstances can be seen as a prelude to a warm and loving business relationship ...
Copyright suit here
Cat suit here
Boehringer bans adverts till trial; Cablevision hit by US ruling
Reviewed by Jeremy
on
Wednesday, March 28, 2007
Rating:
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