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Results: 1-10 of 93

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


No pre-verdict JMOL motions, no review of jury damage award
  • McDermott Will & Emery
  • USA
  • January 30 2010

The U.S. Court of Appeals for the Federal Circuit upheld a permanent injunction and an award of $240 million in damages against Microsoft for patent infringement in connection with certain versions of MS Word software that offer XML editing functionality


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


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


Disavowed claim scope during prosecution gone for good
  • McDermott Will & Emery
  • USA
  • April 28 2008

Interpreting a claim preamble and related statements made during prosecution, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment that the defendants did not infringe a patent directed to a portable microprocessor system


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


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