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Results: 1-10 of 246

Exhaustion doctrine is very exhausting in the United States

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2008

It has taken a long time, but the U.S. Supreme Court has finally ruled in the patent royalties case between LG Electronics and a number of computer manufacturers regarding exhaustion of patent rights in the United States

Thinking of using a contractor for software development? Define any division of intellectual property in writing

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2008

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s finding of an unlimited, non-exclusive and implied license to use, modify and retain the source code of programs developed by a contractor for a company, relying on the course of dealings between the parties

CFTC Division of Market Oversight declares e-mail and instant messages are “records” subject to mandatory preservation

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 12 2009

Futures commission merchants, introducing brokers and members of designated contract markets must preserve e-mail messages, instant messages and other records concerning commodity futures, commodity options and cash commodities

Commission review finds personal data protection under US Terrorist Finance Tracking Programme effective

  • McDermott Will & Emery
  • -
  • European Union, USA
  • -
  • February 20 2009

The European Commission has presented the results of its review of the US Treasury Department's undertakings to the European Union regarding the Terrorist Finance Tracking Programme (TFTP

$160 million jury verdict against Microsoft stands after unsuccessful challenge

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 28 2007

Letting stand a $160 million judgment against Microsoft, the U.S. Court of Appeals for the Federal Circuit recently affirmed a jury verdict finding that Microsoft willfully infringed Z4 Technologies’ patents relating to methods for preventing computer software piracy

Secretary of HHS recognizes interoperability standards for lab results, biosurveillance and consent management

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 11 2008

In the January 23, 2008, Federal Register, the Secretary of the U.S. Department of Health and Human Services (HHS) formally published the recognition of the Healthcare Information Technology Standards Panel (HITSP) Interoperability Specifications as Interoperability Standards for Health Information Technology (HIT

Patent claims may (sort of) mix classes of subject matter but who cares?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 28 2008

In a case in which the U.S. Court of Appeals for the Federal Circuit found patent claims in issue to not be fatally indefinite (for mixing statutory classes of subject matter), the patent owner (Acacia) nevertheless walked away with nothing

Corresponding structure must be an algorithm, not just a computer

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 28 2008

Addressing the issue of when a “means-plus-function” claim element (in the context of a computer-operated invention) suffers from 35 U.S.C. 112, 2 indefiniteness due to the absence of clearly defined corresponding structure, a panel of the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s decision on summary judgment, finding all of the claims of the subject patent invalid for indefiniteness

Disavowed claim scope during prosecution gone for good

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 28 2008

Interpreting a claim preamble and related statements made during prosecution, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment that the defendants did not infringe a patent directed to a portable microprocessor system

Copyright first-sale doctrine not applicable to computer crimes

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2008

The U.S. Court of Appeals for the Eleventh Circuit rejected the contention that the first-sale doctrine provided a defense to criminal violation of the copyright laws by the purchaser of copyrighted material