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Results: 1-10 of 86

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


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


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


Underscoring necessity of filing pre-verdict JMOL motions, Federal Circuit upholds permanent injunction, $240 million damages award against Microsoft
  • McDermott Will & Emery
  • USA
  • December 23 2009

The pivotal rulings by the Federal Circuit relate to validity and damage issues


Resellerslegitimate use of third party marks
  • McDermott Will & Emery
  • Global
  • March 27 2009

In Oracle International Corporation v Contractors Network Ltd 2008 D2008-1493 World Intellectual Property Organization (WIPO), the software giant, Oracle International, failed in its bid to have the disputed domain name oraclecontractors


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


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


Software patents in the United Kingdom when is a computer program not a computer program?
  • McDermott Will & Emery
  • United Kingdom
  • October 16 2008

In Symbian Limited v Comptroller General of Patents 2008 EWCA Civ 1066, the UK Court of Appeal has upheld the High Court’s decision that the UK Intellectual Property Office (UKIPO) was wrong to exclude Symbian’s patent application from patentability


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


Thinking of using a contractor for software development? Define any division of intellectual property in writing
  • McDermott Will & Emery
  • USA
  • October 31 2008

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s finding of an unlimited, non-exclusive and implied license to use, modify and retain the source code of programs developed by a contractor for a company, relying on the course of dealings between the parties