We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 89

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


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


No infringement arises from the use of a trade mark within a computer system
  • McDermott Will & Emery
  • United Kingdom
  • January 31 2008

Rx Works Limited v Hunter 2007 EWHC 3061 (Ch) concerned a dispute of the use of the term “vet.local”


IT marks and likelihood of confusion
  • McDermott Will & Emery
  • European Union
  • September 10 2008

In SHS Polar Sistemas Informáticos SL v OHIM 2008 T- 7907 (unreported), the Court of First Instance (CFI) rejected an opposition, originally upheld by the Office for Harmonization in the Internal Market (OHIM) Opposition Division, brought by the owner of the Community trade mark (CTM), POLAR, registered for computer software, against an application to register the figurative mark, POLARIS, for computer software specifically for financial institutions


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


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


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


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


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