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Results: 1-10 of 99

Reverse engineering software, without more, not trade secret misappropriation in California

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

The U.S. District Court for the Central District of California held that reverse engineering software in violation of a form end-user license agreement, without more, did not rise to the level of trade secret misappropriation

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

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

Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface

  • McDermott Will & Emery
  • -
  • Czech Republic, European Union
  • -
  • February 28 2011

The European Court of Justice has ruled that the graphic user interface (GUI) of a computer program is not protectable under the Software Directive (91250EC) but may be a copyright work in itself

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

An RMB 150-million litigation in China for the abuse of a dominant market position

  • McDermott Will & Emery
  • -
  • China
  • -
  • April 24 2012

Recently, the High People’s Court of Guangdong held a public hearing for a high-profile lawsuit involving two software giants and alleged abuse of a dominant market position

Sui generis database rights and what constitutes a substantial part

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • November 3 2011

In Beechwood House Publishing v Guardian Products Ltd 2011 EWPCC 22, the Claimant’s database right was found to have been infringed when the Defendants extracted 6,000 records from the Claimant’s database of 43,000 records

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

ALJ Bullock denies summary determination motions in Inv. No. 337-TA-704

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 26 2010

ALJ Bullock issued two orders denying summary determination in Inv. No. 337-TA-704, Certain Mobile Communication Devices and Components Thereof

English High Court confirms computer program claims are legitimate

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • February 6 2008

English High Court decision on computer program claims moves the United Kingdom into line with European Patent Offices