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Results: 1-10 of 38

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

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

Chuck Yeager’s right of publicity suit will no longer fly in the Ninth Circuit

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2012

Addressing several claims stemming out of an allegedly unauthorized publication of signed memorabilia on a website, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment ruling in favor of the defendants with respect to numerous claims, finding Chuck Yeager’s submitted declaration to be a sham

Modchips: substantial part of a copyright work

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • January 15 2010

On 9 November 2009, the Court of Appeal of England and Wales upheld convictions in Worcester Crown Court against Christopher Gilham for a number of offences under Section 296ZB of the Copyright, Designs and Patents Act 1988 in relation to the sale and importation of modchips

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

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

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

Software patents in the United Kingdom when is a computer program not a computer program?

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • October 16 2008

In Symbian Limited v Comptroller General of Patents 2008 EWCA Civ 1066, the UK Court of Appeal has upheld the High Court’s decision that the UK Intellectual Property Office (UKIPO) was wrong to exclude Symbian’s patent application from patentability

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