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Infringement of a computerized method must demonstrate use of a computer
- McDermott Will & Emery
- -
- USA
- -
- July 7 2010
In a decision that issued shortly before the Supreme Court decision in In re Bilski, the U.S. Court of Appeals for the Federal Circuit found that a patent directed to “computerized method” was not infringed where at least one step was not performed by a computer
US Supreme Court rules on the eligibility of business methods for patenting
- McCarthy Tétrault LLP
- -
- Canada, USA
- -
- August 11 2010
Recently, the United States Supreme Court issued its long-awaited judgment in Bilski v Kappos, which deals with important questions surrounding the patentability of business methods and other subject matter, including software and other process-related innovations
With "one click", business methods are patentable in Canada
- McCarthy Tétrault LLP
- -
- Canada
- -
- October 15 2010
In a decision of the Federal Court of Canada released on October 14, 2010, Amazon.com, Inc. v. Attorney General of Canada, the Court allowed an appeal from a ruling by the Commissioner of Patents ("Commissioner") that had originally denied a patent application by Amazon.com Inc. ("Amazon") for its pervasively successful one click online ordering technology
Software and business method patents recent leading European and US decisions
- Bird & Bird
- -
- European Union, USA
- -
- August 11 2010
Recently we have had two long-awaited decisions on the patentability of software and business methods
Settlement of legal battles between semiconductor foundries
- Bird & Bird
- -
- China, USA
- -
- August 11 2010
SMIC (Semiconductor Manufacturing International Corporation), the largest chip foundry in China and TSMC (Taiwan Semiconductor Manufacturing Corporation), the global leader of chip manufacturer reached a settlement of legal actions on 9 November 2009 to resolve all pending court litigations between the parties, including a patent infringement and trade secret lawsuit brought by TSMC in California and SMIC's appeal in Beijing regarding unfair competition
Epicept Corporation v. Canada (Health) (2010 FC 956)
- Gowling Lafleur Henderson LLP
- -
- Canada
- -
- October 27 2010
The Minister of Health refused to grant data exclusivity to data from Epicept’s phase I and phase II clinical trials because CEPLENE is not an “innovative drug”
"Implied" assertion of rights by patent licensing company supports declaratory judgment jurisdiction
- Cadwalader Wickersham & Taft LLP
- -
- USA
- -
- July 13 2010
In a decision that continues the expansion of declaratory judgment jurisdiction in light of MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007), the Federal Circuit has ruled that a patent holding company that brought a patent to the attention of a potential infringer and made an "implied" assertion of rights under the patent was subject to a declaratory judgment suit
Largest patent infringement verdict ever affirmed on appeal
- Cadwalader Wickersham & Taft LLP
- -
- USA
- -
- February 14 2011
Recently, the Federal Circuit affirmed a $290 million verdict against Microsoft Corporation in its long running patent infringement battle with i4i Limited Partnership and Infrastructures for Information Inc. (collectively, "i4i"
Federal Circuit issues opinion in Pass & Seymour v. ITC
- McDermott Will & Emery
- -
- USA
- -
- August 30 2010
On August 27, 2010 the Court of Appeals for the Federal Circuit affirmed the holding of the International Trade Commission in Inv. No. 337-TA-615, that certain accused products produced by Respondents General Protecht Group, Wenzhou Trimone Science and Technology Electric Co. Ltd. and Shanghai ELE Manufacturing Corporation do not infringe the asserted U.S. Patent Nos. 5,594,398 and 7,212,386, held by Complainant Pass & Seymour, Inc
Patentability of software after Bilski v Kappos
- Squire Sanders
- -
- USA
- -
- August 31 2010
In Bilski v Kappos, the US Supreme Court held that the machine-or-transformation test is not the sole test for determining whether a process is patentable subject matter under 35 USC 101
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