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Results: 1-10 of 81

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


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


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


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


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


Improved search interface is a computer programme “as such”
  • McDermott Will & Emery
  • United Kingdom
  • February 28 2008

In the recent case of Autonomy Corporation Limited v The Comptroller General of Patents, Trade Marks and Designs 2008 EWHC 146 (Pat), the Comptroller successfully appealed against an application for a UK patent on the ground that it consisted of a computer program “as such” and a presentation of information


Reissued i4i panel opinion clarifies willfulness analysis
  • McDermott Will & Emery
  • USA
  • April 28 2010

In a re-issuance of an earlier opinion, the U.S. Court of Appeals for the Federal Circuit clarified the willfulness analysis of its earlier decision that affirmed a jury’s $200 million award against Microsoft in a patent infringement action


Anti-Counterfeiting Trade Agreement
  • McDermott Will & Emery
  • European Union
  • April 30 2010

On 21 February 2010, Peter Hustinx, the European Data Protection Supervisor (EDPS), issued an Opinion on the current negotiations by the European Union of an Anti-Counterfeiting Trade Agreement (ACTA), in which he calls on the European Union, and in particular the European Commission, "to strike a right balance between demands for the protection of intellectual property rights IPRs and the privacy and data protection rights of individuals" when negotiating ACTA