alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023015EN.01000601.xml

| 16.1.2023 | EN | Official Journal of the European Union | C 15/6 |
| --- | --- | --- | --- |

16.1.2023

EN

Official Journal of the European Union

C 15/6

---

Judgment of the Court (Fifth Chamber) of 17 November 2022 (requests for a preliminary ruling from the Hof van beroep te Brussel — Belgium) — Impexeco NV v Novartis AG (C-253/20), PI Pharma NV v Novartis AG, Novartis Pharma NV (C-254/20)

(Joined Cases C-253/20 and C-254/20) (1)

(References for a preliminary ruling - Articles 34 and 36 TFEU - Free movement of goods - Intellectual property - Trade marks - Regulation (EC) No 207/2009 - Article 9(2) - Article 13 - Directive 2008/95 - Article 5(1) - Article 7 - Rights conferred by a trade mark - Exhaustion of the rights conferred by a trade mark - Parallel imports of medicinal products - Reference medicinal product and generic medicinal product - Economically linked undertakings - Repackaging of the generic medicinal product - New outer packaging - Affixing the trade mark of the reference medicinal product - Opposition by the proprietor of the trade mark - Artificial partitioning of the markets between the Member States)

(2023/C 15/05)

Language of the case: Dutch

Referring court

Hof van beroep te Brussel

Parties to the main proceedings

Applicants: Impexeco NV (C-253/20), PI Pharma NV (C-254/20)

Defendants: Novartis AG (C-253/20), Novartis AG, Novartis Pharma NV (C-254/20)

Operative part of the judgment

Article 9(2) and Article 13 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark, as amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015, and Article 5(1) and Article 7 of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks, read in the light of Articles 34 and 36 TFEU,

must be interpreted as meaning that

the proprietor of the trade mark of a reference medicinal product and the trade mark of a generic medicinal product may oppose the placing on the market of a Member State, by a parallel importer, of that generic medicinal product imported from another Member State, where that medicinal product has been repackaged in new outer packaging to which the trade mark of the corresponding reference medicinal product has been affixed, unless, first, the two medicinal products are identical in all respects and, second, the replacement of the trade mark satisfies the conditions laid down in paragraph 79 of the judgment of 11 July 1996, Bristol-Myers Squibb and Others (C-427/93, C-429/93 and C-436/93, EU:C:1996:282); in paragraph 32 of the judgment of 26 April 2007, Boehringer Ingelheim and Others (C-348/04, EU:C:2007:249); and in paragraph 28 of the judgment of 17 May 2018, Junek Europ-Vertrieb (C-642/16, EU:C:2018:322).

---

(1)  OJ C 297, 7.9.2020.

---
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PBJ & Z, LLC, Appellant/Cross-Appellee, v. CHRISTOPHER A. RAWLE, D.M.D., M.S., P.A., Appellee/Cross-Appellant.

Case No. 5D16-4280

District Court of Appeal of Florida, Fifth District.

Decision filed November 6, 2018 Rehearing Denied January 3, 2019

Paetra T. Brownlee, of The Brownlee Law Firm, Orlando, and Charles M. Greene, of Charles M. Greene, P.A., Orlando, for Appellant/Cross-Appellee.

Matthew J. Conigliaro, of Carlton Fields Jorden Burt, P.A., Tampa, for Appellee/Cross-Appellant.

PER CURIAM.

AFFIRMED.

LAMBERT and EISNAUGLE, JJ., and McGILLIN, Jr., H.O., Associate Judge, concur.
Bernard C. HICKS, Appellant, v. STATE of Florida, Appellee.

No. 1D18-0216

District Court of Appeal of Florida, First District.

January 25, 2019

Bernard C. Hicks, pro se, Appellant.

Ashley B. Moody, Attorney General, and Barbara Debelius, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED .

Wolf, Makar, and M.K. Thomas, JJ., concur.
Exhibit
      32.1


**CERTIFICATE
      PURSUANT TO**


**18
      U.S.C. SECTION 1350**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





In
      connection with the Quarterly Report of WGNB Corp. (the “Company”) on Form 10-Q
      for the period ending June 30, 2007, as filed with the Securities and Exchange
      Commission on the date hereof (the “Report”), I, H. B. Lipham, III, Interim
      Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as
      adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:





1.  The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





2.  The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.





Date:
      August 13, 2007





/s/
                H. B. Lipham, IIIH.
                B. Lipham, IIIChief
                Executive Officer (Principal Executive
                Officer)
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O pinion issued November 1 , 2012

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 12
- 00394
- CR

——————————— VINCENT L. ROBINSON, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas Trial Court Cause No. 1326606

MEMORANDUM OPINION Appellant, Vincent L. Robinson , pleaded guilty to the felony offense of delivery of a controlled substance. 1 The trial court found appellant guilty , and, in

1 See T EX
. H EALTH & S AFETY C ODE A NN . § 481.114(a),(c) (West 2010 ).2

accordance with the terms of appellant’s plea agreement with the State, sentenced appellant to confinement for three years

. Appellant has filed a pro se notice of appeal. We dismiss the appeal. In a plea

- bargained case, a defendant may only appeal those matters that were raised by written motion filed and ruled on before trial or after obtaining the trial court’s permission to appeal. T EX
. C ODE C RIM
. P ROC
. A NN . art. 44.02 (West 2006); T EX
. R. A PP
. P. 25. 2(a)(2). An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. T EX
. R. A PP
. P. 25.2(d). Here, the trial court’s certification is included in the record on appeal. See id

. The trial court’s certification states that this is a plea

- bargained case and the defendant has no right of appeal. See T EX
. R. A PP
. P. 25.2(a)(2). The record supports the trial court’s certification. See Dears v. State , 154 S.W.3d 610, 615 (Tex. Crim. A pp. 2005). Because appellant has no right of appeal, we must dismiss this appeal. See Chavez v. State , 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals, while having jurisdiction to ascertain whether an appellant who plea

- bargained is perm itted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”).3

Accordingly, we dismiss thi s appeal for want of jurisdiction. We dismiss all pending motions as moot

. PER CURIAM Panel consists of Justices Jennings , Higley , and Sharp

. Do not publish. T EX
. R. A PP
. P. 47.2( b).
CHANTERRIA ROBERTS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-1361

_____________________________/

Opinion filed July 21, 2014.

An appeal from the Circuit Court for Leon County.

Dawn Caloca-Johnson, Judge.

Nancy A. Daniels, Public Defender; Nicole A. Bamberski and Steven L. Seliger, 

Assistant Public Defenders, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant’s conviction and sentence are affirmed in this Anders1 appeal, 

but we remand for correction of the statute citation in the written judgment that

reflects the appellant was convicted under section 784.03(2), Florida Statutes 

1 Anders v. California, 386 U.S. 738 (1967).

 
(2013). Instead, she was convicted under section 784.045(1)(b), Florida Statutes 

(2013), aggravated battery on a pregnant victim, a second-degree felony.

AFFIRMED, but REMANDED to correct the statute citation in the 

judgment. 

WOLF, ROBERTS, and ROWE, JJ., CONCUR.

2
Dontrey Lynch WEBSTER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-4870

District Court of Appeal of Florida, Second District.

February 1, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
<PAGE>

                                                                   EXHIBIT 32.2


                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                    (SUBSECTIONS (A) AND (B) OF SECTION 1350,
                  CHAPTER 63 OF TITLE 18, UNITED STATES CODE)

         Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (Subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), I,
Michael C. Kearney, Chief Financial Officer of Hydril Company, a Delaware
corporation (the "Company"), hereby certify, to my knowledge, that:

         (1) the Company's Quarterly Report on Form 10-Q for the quarter ended
         June 30, 2003 (the "Report") fully complies with the requirements of
         Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

         (2) information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.

Dated: August 13, 2003                          /s/ Michael C. Kearney
                                                -------------------------------
                                                Michael C. Kearney
                                                Chief Financial Officer

         The foregoing certification is being furnished solely pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of
Section 1350, Chapter 63 of Title 18, United States Code), in accordance with
the procedures provided for by the Securities and Exchange Commission in Release
No. 33-8212 for treatment as a document "accompanying" the Quarterly Report on
Form 10-Q to which it relates, and is not being filed as part of the Report or
as a separate disclosure document. This certificate shall not be deemed "filed"
for purposes of Section 18 of the Securities Exchange Act of 1934, nor shall
this certificate be deemed incorporated by reference into any filing under the
Securities Act of 1933, except as shall be set forth by specific reference in
such a filing.

         A signed original of this written statement required by Section 906 of
the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter
63 of Title 18, United States Code) has been provided to the Company and will be
retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request.
Exhibit 31.2                                                             CERTIFICATION OF PERIODIC REPORT PURSUANT TO SECTION 302 OF THE                                  SARBANES-OXLEY ACT OF 2002  I, Scott A. Holmes, certify that:    1.   I have reviewed this amendment no. 1 to quarterly report on Form 10-Q/A of Keryx Biopharmaceuticals,       Inc.; and   2.   Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a       material fact necessary to make the statements made, in light of the circumstances under which such       statements were made, not misleading with respect to the period covered by this report.              Date: November 9, 2018                       /s/ Scott A. Holmes                                               Scott A. Holmes                                               Chief Financial Officer                                               Principal Financial and Accounting Officer
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Dustin Bennett Sandlin, Appellant

No. 06-16-00075-CR v.

The State of Texas, Appellee

Appeal from the 196th District Court of 

Hunt County, Texas (Tr. Ct. No. 29,769). 

Opinion delivered by Chief Justice Morriss, 

Justice Moseley and Justice Burgess

participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Dustin Bennett Sandlin, has adequately indicated his inability 

to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED OCTOBER 14, 2016

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
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Annique LESAGE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-0464

District Court of Appeal of Florida, Second District.

March 01, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
<PAGE>
                                                                  EXHIBIT 10.2.1

                             As of February 8, 2006

Globis Capital Partners, L.P.
60 Broad Street
New York, NY 10004
Attn: Paul Packer

Gentlemen:

The undersigned hereby agrees to transfer to you 12,000 shares ("Shares") of
common stock, par value $.001 per share, of Asia Automotive Acquisition
Corporation ("Company"), a blank check company organized for the purpose of
effecting a merger, capital stock exchange, asset acquisition or other similar
business combination with an automotive operating business that has its primary
operating facilities located in Asia, in exchange for $300.

By agreeing to the foregoing transfer, you understand that the Shares have not
been registered under the Securities Act of 1933, as amended (the "Securities
Act"); that you are acquiring the Shares for your account for investment
purposes only; that you have no present intention of selling or otherwise
disposing of the Shares in violation of the Securities Act; that you are an
"accredited investor" as defined by Rule 501 of Regulation D promulgated under
the Securities Act; and that, based solely on a review of the Registration
Statement on Form S-1, as amended to date, filed with the SEC, you are familiar
with the proposed business, management, financial condition, and affairs of the
Company.

Very truly yours,


/s/ Chun Yi Hao
----------------------------------------
Chun Yi Hao


Agreed to by:
Globis Capital Partners, L.P.



By: /s/ Paul Packer
    ------------------------------------
Name: Globis Capital Advisors L.L.C.
      ----------------------------------
Title: Managing Member
       ---------------------------------
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Richard Warren VANZILE, Appellant, v. STATE of Florida, Appellee.

No. 1D17-2706

District Court of Appeal of Florida, First District.

January 22, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Leroy MARTIN, Jr., Appellant, v. The STATE of Florida, Appellee.

No. 3D18-1517

District Court of Appeal of Florida, Third District.

Opinion filed December 4, 2018.

Leroy Martin Jr., in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before SUAREZ, LOGUE, and LINDSEY, JJ.

PER CURIAM.

Affirmed.

**ANY POST-OPINION MOTION MUST BE FILED WITHIN SEVEN DAYS. A RESPONSE TO THE POST-OPINION MOTION MAY BE FILED WITHIN FIVE DAYS THEREAFTER.**
Z.M., Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3997

District Court of Appeal of Florida, Second District.

Opinion filed July 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
<PAGE>


                                                                     Exhibit 23

                          INDEPENDENT AUDITOR'S CONSENT

We consent to the incorporation by reference in Registration Statements No.
333-60998, 333-61102, 333-104422 and 333-106059 of James Monroe Bancorp, Inc. on
Forms S-8 of our report, dated January 7, 2005, relating to the consolidated
balance sheets of James Monroe Bancorp, Inc. and Subsidiaries as of December 31,
2004 and 2003, and the related consolidated statements of income, changes in
stockholders' equity and cash flows for the years ended December 31, 2004, 2003
and 2002 appearing in this Form 10-K of James Monroe Bancorp, Inc. for the year
ended December 31, 2004.


/s/ Yount, Hyde & Barbour, P.C.


Winchester, Virginia
March 18, 2005