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Results: 1-10 of 81

Bilski-based rejections of computer-implemented claims continue to be issued by board of appeals
  • McDermott Will & Emery
  • USA
  • January 30 2010

In a decision applying the Bilski "machine-or-transformation test" (see IP Update, Vol. 11, No. 11), the U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences (the Board) continued its practice of invalidating computer implemented method claims under 101


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


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


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


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


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


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