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Results: 1-10 of 99

UK Court rules that computer program functionality is not protected by copyright

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • March 13 2013

On 25 January, Mr Justice Arnold handed down his decision in SAS Institute Inc. v World Programming Limited 2013 EWHC 69 (Ch), following the Court

Limits on the use of the disclosure-dedication rule under doctrine of equivalents

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 29 2012

Addressing for the first time the issue of whether the disclosure of subject matter in a document incorporated by reference amounts to a dedication of that subject matter to the public under the Johnson & Johnston disclosure-dedication rule, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s summary judgment of non-infringement, holding that the host patent must first sufficiently inform one of ordinary skill that the incorporated document contains subject matter that is an alternative to a claim limitation before the dedication rule can be used to limit equivalents

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

Federal Circuit clarifies entire market value rule, hypothetical negotiation date and use of settlement agreements

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 6 2012

In LaserDynamics v. Quanta Computer, the U.S. Court of Appeals for the Federal Circuit overturned an $8.5 million lump sum jury award and remanded the case for a new trial on damages

"Authorization" under the Computer Fraud and Abuse Act

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 30 2012

Considering for the first time the scope of the Computer Fraud and Abuse Act (CFAA), with respect to employees obtaining and using confidential and proprietary information from their employers’ computer systems for their own gain, the U.S. Court of Appeals for the Fourth Circuit adopted a narrow reading of the “authorization” language used in the statute as going to use, not access

CJEU confirms that resale and use of used software is permissible under European copyright law

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • August 8 2012

In Luxembourg on 3 July 2012, the Court of Justice of the European Union (CJEU) held that the resale and use of used software is permissible under European copyright law

Posner to AppleMotorola: no damages, no injunction, no trial

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

Judge Posner (of the U.S. Court of Appeals for the Seventh Circuit), sitting by designation, derailed Apple’s and Motorola’s expected patent liability trial when he found that both parties provided insufficient evidence to support either damages or injunctive relief

Is the second-hand sale of software licenses allowed in Europe?

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • July 31 2012

The Court of Justice of the European Union has now ruled that software developers may no longer block the resale of online licensed software

CJEU rules first sale doctrine applies to digital copies of software in Europe

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • July 16 2012

In an eagerly-awaited judgment, the Court of Justice of the European Union (CJEU) has held that the first sale doctrine applies to digital copies of software sold in the European Union or European Economic Area

Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 28 2012

Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent

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