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Results: 11-20 of 32

English High Court clarifies patentability test for software inventions

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • 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
  • -
  • United Kingdom
  • -
  • 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
  • -
  • USA
  • -
  • 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

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

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

$160 million jury verdict against Microsoft stands after unsuccessful challenge

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 28 2007

Letting stand a $160 million judgment against Microsoft, the U.S. Court of Appeals for the Federal Circuit recently affirmed a jury verdict finding that Microsoft willfully infringed Z4 Technologies’ patents relating to methods for preventing computer software piracy

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

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 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

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