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English High Court confirms computer program claims are legitimate
- McDermott Will & Emery
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- European Union, United Kingdom
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- February 6 2008
English High Court decision on computer program claims moves the United Kingdom into line with European Patent Offices
Copyright first-sale doctrine not applicable to computer crimes
- McDermott Will & Emery
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- USA
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- August 31 2008
The U.S. Court of Appeals for the Eleventh Circuit rejected the contention that the first-sale doctrine provided a defense to criminal violation of the copyright laws by the purchaser of copyrighted material
Bilski-based rejections of computer-implemented claims continue to be issued by board of appeals
- McDermott Will & Emery
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- USA
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- 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
Intellectual Ventures Management LLC files complaint
- McDermott Will & Emery
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- USA
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- July 14 2011
Intellectual Ventures Management LLC, Invention Investment Fund I L.P., Invention Investment Fund II LLC, Intellectual Ventures I LLC and Intellectual Ventures II LLC, filed a letter with Secretary Holbein requesting that the Commission conduct an investigation under Section 337 of the Tariff Act of 1930, as amended regarding Certain Dynamic Random Acces Memory and NAND Flash Memory Devices and Products Containing Same
Thinking of using a contractor for software development? Define any division of intellectual property in writing
- McDermott Will & Emery
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- USA
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- 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
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
Improved search interface is a computer programme “as such”
- McDermott Will & Emery
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- United Kingdom
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- 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
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
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
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