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The legend of the golden master lives on Supreme Court limits the reach of 271 (f)

McDermott Will & Emery
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USA
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May 30 2007

Continuing a string of reversals of Federal Circuit decisions, the U.S. Supreme Court once again reversed the Federal Circuit in holding that under 35 U.S.C. 271 (f) software per se does not qualify as a “component” and that software copies created outside the United States from a master disk exported from the United States are “supplied” from the United States

Court rejects copyright protection for computer program found lacking originality

McDermott Will & Emery
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USA
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May 30 2007

A recent decision from the United States District Court for the Eastern District of Kentucky provides important guidance about the amount of creativity required to support copyright in a computer program and the nature of fair use in the context of interoperability

Massachusetts data security regulations revised again

McDermott Will & Emery
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USA
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August 26 2009

The revised regulations extend the compliance deadline to March 1, 2010, and make an effort to lessen the burden on small business

Adding material from an ancestor application to an issued patent during reexamination not allowed

McDermott Will & Emery
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USA
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August 31 2009

Addressing the issue of permissibility of adding a subject matter from its ancestor application back into the issued patent during its reexamination, the U.S. Court of Appeals for the Federal Circuit upheld the finding of the Board of Patent Appeals and Interferences (Board) that it is impermissible to do so without showing that the subject matter was inherently present in the continuation-in-part application for the patent

Security breach notifications

McDermott Will & Emery
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USA
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September 8 2009

The Health Information Technology for Economic and Clinical Health Act (HITECH Act) includes significant investment in health information technology to facilitate the adoption of a U.S.-wide health information network and requires HIPAA covered entities, business associates, vendors of personal health records and related entities to notify individuals when their personal health information is subject to a breach of security

Tenth Circuit overturns grant of summary judgment despite defendant’s “powerful arguments” regarding interpretation of copyright ownership license

McDermott Will & Emery
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USA
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September 28 2009

Analyzing an allegedly ambiguous contract in a complicated, multimillion-dollar dispute over source code copyrights for the Unix operating system, the U.S. Court of Appeals for the Tenth Circuit reiterated that “powerful arguments” are insufficient to warrant summary judgment and remanded for a trial

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

McDermott Will & Emery
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USA
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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

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

McDermott Will & Emery
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European Union, USA
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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

Financial services: US to observe EU data protection principles for data received from SWIFT

McDermott Will & Emery
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European Union, USA
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July 6 2007

The European Union has received the “Representations" of the US Treasury Department regarding its handling of EU personal data received from the Society for Worldwide Interbank Financial Telecommunication (SWIFT

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

McDermott Will & Emery
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USA
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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

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