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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

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

No infringement arises from the use of a trade mark within a computer system

McDermott Will & Emery
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United Kingdom
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January 31 2008

Rx Works Limited v Hunter 2007 EWHC 3061 (Ch) concerned a dispute of the use of the term “vet.local”

English High Court clarifies patentability test for software inventions

McDermott Will & Emery
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United Kingdom
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April 28 2008

The English High Court, acting as appellate court for decisions from the UK Intellectual Property Office (UKIPO), handed down an important and timely decision clarifying the much-debated test for patentability of computer-implemented inventions and particularly the analysis of when a software invention provides a technical contribution

Symbian more hope for patentability of computer program inventions

McDermott Will & Emery
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United Kingdom
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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

Patent claims may (sort of) mix classes of subject matter but who cares?

McDermott Will & Emery
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USA
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April 28 2008

In a case in which the U.S. Court of Appeals for the Federal Circuit found patent claims in issue to not be fatally indefinite (for mixing statutory classes of subject matter), the patent owner (Acacia) nevertheless walked away with nothing