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Results: 1-10 of 37

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

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

No disclosure of personal data in civil proceedings

  • McDermott Will & Emery
  • -
  • European Union, Spain
  • -
  • February 1 2008

Promusicae, a Spanish collecting society holding exploitation rights to musical and audiovisual recordings, was seeking an order before a Spanish court to require Telefónica to disclose the identities and addresses of certain of its customers

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

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

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

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

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

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

Motorola identifies Microsoft products accused of infringement

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 24 2011

In response to Order No. 11 in Inv. No. 337-TA-752, Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (“753 Investigation), Motorola filed a statement identifying the products it is accusing of infringement in the 752 Investigation