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Results: 1-10 of 85

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


The legend of the golden master lives on Supreme Court limits the reach of 271 (f)
  • McDermott Will & Emery
  • USA
  • May 30 2007

Continuing a string of reversals of Federal Circuit decisions, the U.S. Supreme Court once again reversed the Federal Circuit in holding that under 35 U.S.C. 271 (f) software per se does not qualify as a “component” and that software copies created outside the United States from a master disk exported from the United States are “supplied” from the United States


Court rejects copyright protection for computer program found lacking originality
  • McDermott Will & Emery
  • USA
  • May 30 2007

A recent decision from the United States District Court for the Eastern District of Kentucky provides important guidance about the amount of creativity required to support copyright in a computer program and the nature of fair use in the context of interoperability


Modchips: substantial part of a copyright work
  • McDermott Will & Emery
  • United Kingdom
  • January 15 2010

On 9 November 2009, the Court of Appeal of England and Wales upheld convictions in Worcester Crown Court against Christopher Gilham for a number of offences under Section 296ZB of the Copyright, Designs and Patents Act 1988 in relation to the sale and importation of modchips


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


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


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


Failure to prove exhaustion of trade mark rights
  • McDermott Will & Emery
  • United Kingdom
  • February 26 2010

In Sun Microsystems Inc v M-Tech Data Ltd 2009 EWHC 2992 (Pat), Mr Justice Kitchin held that Sun Microsystems Inc was entitled to summary judgment in respect of the parallel import of computer equipment by M-Tech Data Ltd


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