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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
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