We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 38

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

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

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

Failure to prove exhaustion of trade mark rights

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • February 26 2010

In Sun Microsystems Inc v M-Tech Data Ltd 2009 EWHC 2992 (Pat), Mr Justice Kitchin held that Sun Microsystems Inc was entitled to summary judgment in respect of the parallel import of computer equipment by M-Tech Data Ltd

Resellerslegitimate use of third party marks

  • McDermott Will & Emery
  • -
  • Global
  • -
  • March 27 2009

In Oracle International Corporation v Contractors Network Ltd 2008 D2008-1493 World Intellectual Property Organization (WIPO), the software giant, Oracle International, failed in its bid to have the disputed domain name oraclecontractors

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