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Results: 1-10 of 88

Technology transfer agreements: EU promulgates new antitrust rules
  • McDermott Will & Emery
  • European Union
  • April 30 2014

The licensing of technology is core to the business model of many companies operating in IP-sensitive industries. Its commercial benefits are myriad


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


Motorola identifies Microsoft products accused of infringement
  • McDermott Will & Emery
  • USA
  • August 24 2011

In response to Order No. 11 in Inv. No. 337-TA-752, Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (“753 Investigation), Motorola filed a statement identifying the products it is accusing of infringement in the 752 Investigation


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


High Court of England and Wales assesses issues of liability and damages in misuse of customer database
  • McDermott Will & Emery
  • United Kingdom
  • November 7 2013

In a case concerning the misuse of a customer database, the High Court of England and Wales has assessed damages for breach of confidence


Patent claims may (sort of) mix classes of subject matter but who cares?
  • McDermott Will & Emery
  • USA
  • April 28 2008

In a case in which the U.S. Court of Appeals for the Federal Circuit found patent claims in issue to not be fatally indefinite (for mixing statutory classes of subject matter), the patent owner (Acacia) nevertheless walked away with nothing


Corresponding structure must be an algorithm, not just a computer
  • McDermott Will & Emery
  • USA
  • April 28 2008

Addressing the issue of when a “means-plus-function” claim element (in the context of a computer-operated invention) suffers from 35 U.S.C. 112, 2 indefiniteness due to the absence of clearly defined corresponding structure, a panel of the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s decision on summary judgment, finding all of the claims of the subject patent invalid for indefiniteness


English High Court clarifies patentability test for software inventions
  • McDermott Will & Emery
  • United Kingdom
  • April 28 2008

The English High Court, acting as appellate court for decisions from the UK Intellectual Property Office (UKIPO), handed down an important and timely decision clarifying the much-debated test for patentability of computer-implemented inventions and particularly the analysis of when a software invention provides a technical contribution


Symbian more hope for patentability of computer program inventions
  • McDermott Will & Emery
  • United Kingdom
  • April 25 2008

A collective sigh of relief resonated across the computer industry when Mr Justice Patten allowed the appeal in Symbian Ltd v Comptroller-General of Patents 2008 EWHC 518 (Pat) arising from a UK Intellectual Property Office (UK-IPO) decision, refusing to grant a patent for a method of accessing data held in a dynamic link library on the grounds that each of the claims related to a computer program and therefore were not patentable under Section 1(2) of the Patents Act 1977


English court confirms claims to computer program claims are patentable subject matter
  • McDermott Will & Emery
  • United Kingdom
  • February 29 2008

The English High Court has now handed down a decision which moves the UK position on software claims back into line with that of the European Patent Office (EPO) and other mainland European Agencies