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Results: 1-10 of 38

Technology transfer agreements: EU promulgates new antitrust rules

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 30 2014

The licensing of technology is core to the business model of many companies operating in IP-sensitive industries. Its commercial benefits are myriad

High Court of England and Wales assesses issues of liability and damages in misuse of customer database

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • November 7 2013

In a case concerning the misuse of a customer database, the High Court of England and Wales has assessed damages for breach of confidence

Corporate restructuring results in loss of software license

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 30 2009

In a situation in which a corporate restructuring resulted in an original software licensee being restructured out of existence, the U.S. Court of Appeals for the Sixth Circuit determined that the ultimate holder of the software license after restructuring was not a permitted transferee and thus was liable for copyright infringement

Symbian more hope for patentability of computer program inventions

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • April 25 2008

A collective sigh of relief resonated across the computer industry when Mr Justice Patten allowed the appeal in Symbian Ltd v Comptroller-General of Patents 2008 EWHC 518 (Pat) arising from a UK Intellectual Property Office (UK-IPO) decision, refusing to grant a patent for a method of accessing data held in a dynamic link library on the grounds that each of the claims related to a computer program and therefore were not patentable under Section 1(2) of the Patents Act 1977

Software ownership

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • June 30 2008

In the recent case of Laurence Wrenn v Stephen Landamore 2008 EWCA Civ 496, Mr Wrenn’s appeal was dismissed and Lord Justice Toulson held that he was liable to pay Mr Landamore royalties for his work on developing software for interfaces to enable third party audio equipment to work with car radios of particular manufacturers

Bilski-based rejections of computer-implemented claims continue to be issued by board of appeals

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 30 2010

In a decision applying the Bilski "machine-or-transformation test" (see IP Update, Vol. 11, No. 11), the U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences (the Board) continued its practice of invalidating computer implemented method claims under 101

English court confirms claims to computer program claims are patentable subject matter

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • February 29 2008

The English High Court has now handed down a decision which moves the UK position on software claims back into line with that of the European Patent Office (EPO) and other mainland European Agencies

Factual expert declaration is vital to avoid summary judgment

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 30 2010

The U.S. Court of Appeals for the Federal Circuit confirmed a special master’s determination that, in the context of a means plus function claim element, the patentee’s technical expert failed to tie the accused device to the corresponding structures found in the patent specification

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

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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

Improved search interface is a computer programme “as such”

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • February 28 2008

In the recent case of Autonomy Corporation Limited v The Comptroller General of Patents, Trade Marks and Designs 2008 EWHC 146 (Pat), the Comptroller successfully appealed against an application for a UK patent on the ground that it consisted of a computer program “as such” and a presentation of information