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Results: 1-10 of 82

Exhaustion doctrine is very exhausting in the United States
  • McDermott Will & Emery
  • USA
  • October 31 2008

It has taken a long time, but the U.S. Supreme Court has finally ruled in the patent royalties case between LG Electronics and a number of computer manufacturers regarding exhaustion of patent rights in the United States


Software ownership
  • McDermott Will & Emery
  • United Kingdom
  • June 30 2008

In the recent case of Laurence Wrenn v Stephen Landamore 2008 EWCA Civ 496, Mr Wrenn’s appeal was dismissed and Lord Justice Toulson held that he was liable to pay Mr Landamore royalties for his work on developing software for interfaces to enable third party audio equipment to work with car radios of particular manufacturers


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


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


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


Adding material from an ancestor application to an issued patent during reexamination not allowed
  • McDermott Will & Emery
  • USA
  • August 31 2009

Addressing the issue of permissibility of adding a subject matter from its ancestor application back into the issued patent during its reexamination, the U.S. Court of Appeals for the Federal Circuit upheld the finding of the Board of Patent Appeals and Interferences (Board) that it is impermissible to do so without showing that the subject matter was inherently present in the continuation-in-part application for the patent


Tenth Circuit overturns grant of summary judgment despite defendant’s “powerful arguments” regarding interpretation of copyright ownership license
  • McDermott Will & Emery
  • USA
  • September 28 2009

Analyzing an allegedly ambiguous contract in a complicated, multimillion-dollar dispute over source code copyrights for the Unix operating system, the U.S. Court of Appeals for the Tenth Circuit reiterated that “powerful arguments” are insufficient to warrant summary judgment and remanded for a trial


Software compilation trade secret claims must be analyzed separately from other software trade secret claims
  • McDermott Will & Emery
  • USA
  • March 31 2009

Reviving a significant trade secret misappropriation claim brought by a software company against a company started by its former employees, the U.S. Court of Appeals for the Fourth Circuit held that an alleged trade secret claim based on an entire software compilation must be analyzed separately from other software trade secret claims


Corporate restructuring results in loss of software license
  • McDermott Will & Emery
  • USA
  • November 30 2009

In a situation in which a corporate restructuring resulted in an original software licensee being restructured out of existence, the U.S. Court of Appeals for the Sixth Circuit determined that the ultimate holder of the software license after restructuring was not a permitted transferee and thus was liable for copyright infringement


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