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Results: 1-10 of 158

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

In re Bilski and the software patent debate

  • Epstein Becker Green
  • -
  • USA
  • -
  • November 12 2009

If you are involved in the software industry and have not yet heard about the Bilski case, then you will after the U.S. Supreme Court decides the case

I4I Limited Partnership et al v Microsoft Corp

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 29 2009

A party must file a pre-verdict JMOL motion on all theories that it wishes to challenge with a post-verdict JMOL

US Court of Appeals for Federal Circuit vacates $358 million damages award as not supported by substantial evidence

  • Mayer Brown LLP
  • -
  • USA
  • -
  • September 15 2009

On September 11, 2009, the Federal Circuit issued an opinion of importance in the area of patent damages in Lucent Technologies, Inc. v. Gateway, Inc. (consolidation of appeals 2008-1485, -1487, and -1495

Cvent sues Eventbrite for alleged webscraping and unauthorized access

  • Williams Mullen
  • -
  • USA
  • -
  • June 1 2010

Cvent, Inc, a Virginia-based software company which licenses web-hosted software for large-scale event planning, recently filed an action and motion for preliminary injunction against competitor Eventbrite, Inc. in Cvent, Inc. v. Eventbrite, Inc., No. 1:10cv481 (E.D. Va. May 10, 2010

Permanent injunction against Microsoft is proper where scope of injunction is narrow and monetary damages are inadequate

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • December 31 2009

In i4i Limited Partnership v. Microsoft Corp., No. 09-1504 (Fed. Cir. Dec. 22, 2009), the Federal Circuit affirmed the district court’s claim construction as well as the jury’s findings of infringement and validity, finding that the district court did not abuse its discretion in admitting certain evidence as to damages or in granting enhanced damages

Federal court rules that open source licenses are enforceable under copyright law

  • Reed Smith LLP
  • -
  • USA
  • -
  • August 26 2008

On August 13, 2008, the U.S. Court of Appeals for the Federal Circuit issued the first reported decision by a federal appellate court dealing with the burgeoning area of open source licensing

Computer file extension functional, therefore not protectable as trademark

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled

Illinois district court okays code-passing for software clean room process

  • Fenwick & West LLP
  • -
  • USA
  • -
  • May 20 2008

Just as a semiconductor clean room aims to exclude airborne particles that could contaminate wafer layers, so the legal software clean room has sought to protect computer software developers from contaminating “access” to earlier works they might be charged with copying

California BOE holds interested parties meeting on TTA regulation

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • July 18 2012

The California State Board of Equalization (BOE) held an interested parties meeting on July 17, 2012, to discuss whether to amend its Regulation 1507 (Technology Transfer Agreements (TTA)) to clarify how the TTA statutes (Cal. Rev. and Tax Code 6011(c)(10) and 6012(c)(10)) should apply to transfers of computer programs on tangible storage media