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Results: 1-10 of 87

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


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


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


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


Factual expert declaration is vital to avoid summary judgment
  • McDermott Will & Emery
  • USA
  • January 30 2010

The U.S. Court of Appeals for the Federal Circuit confirmed a special master’s determination that, in the context of a means plus function claim element, the patentee’s technical expert failed to tie the accused device to the corresponding structures found in the patent specification


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


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


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


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