Searching Content indexed under Technology by McDermott Will & Emery ordered by Published Date Descending.
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What Constitutes A Covered Business Method Patent?
The petitioner, Groupon, filed a petition pursuant to § 18(a) of the America Invents Act requesting a CBM review of a patent directed to a system and method for peer-to-peer advertising between mobile communications devices.
United States
5 Feb 2015
Person Of Skill In Art Depends On Claim Scope
The Patent Trial and Appeal Board has explained that arguing a high-level of skill in a narrow art will not exclude an expert who has expertise within the scope of the claimed invention.
United States
20 Jan 2015
Well-Known Technology Is Not A "Substitute Fulfillment" For Patent Eligible Subject Matter
In a Covered Business Method (CBM) post-issuance review, the Patent Trial and Appeal Board (PTAB) cancelled all claims under review, concluding that the challenged claims were directed to non-eligible subject matter directed to a well-known process, merely implementing it in a networked computing environment.
United States
1 Mar 2014
Western District Of Washington Sets FRAND Royalty Rates And Range For SEPs
Microsoft v. Motorola is precedential only in the Western District of Washington, but at 207 thorough and well-reasoned pages, it provides a valuable roadmap and will likely be quite influential in future RAND cases in other U.S. and foreign jurisdictions.
United States
6 May 2013
The Federal Circuit Is Not the Place For Side Bets
Addressing an appeal on non-infringement, inequitable conduct and sanctions after the parties had reached a settlement.
United States
14 Mar 2013
Inv. No. 337-TA-840 Terminated Based On Settlement
On September 7, 2012, ALJ Rogers granted complainant Microchip Technology Incorporated, and respondents Intersil Corporation, Zilker Labs LLC, and Techwell LLC’s joint motion to terminate Inv. No. 337-TA-840.
United States
19 Sep 2012
The SAFETY Act - How It Affects Your Business
SAFETY Act protection is available for technologies used to prevent, detect, respond to or limit damage caused by a terrorist attack.
United States
21 Apr 2009
DEA Issues Proposed Regulations For E-Prescribing Of Controlled Substances
The new Proposed Regulations published by the Drug Enforcement Administration could potentially provide licensed prescribers and pharmacies a way to electronically write, receive, deliver and archive prescriptions for controlled substances.
United States
17 Jul 2008
Email Spammer Cruises To Victory
Narrowly construing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), the United States Court of Appeals for the Fourth Circuit affirmed a district court’s award of summary judgment for an e-mail marketer.
United States
5 Feb 2007
Donating Health Information Technology: Final Regulations Compete With H.R. 4157 For Public Policy Control
This White Paper summarizes, analyzes and comments on the recently published final anti-kickback safe harbors and Stark regulatory exceptions for donation (or below-market transfer) of health information technology and related services (HIT) to referral sources (the final regulations).
United States
12 Oct 2006
The Evolving Law on Application of U.S. Trademark Laws Beyond U.S. Borders
Globalized commerce is apparently here to stay. The advertising, buying and selling of goods and services recognizes no borders. As a result, enforcing territorially based trademark rights has become ever more challenging.
United States
2 Jun 2006
Federal Circuit Rejects ´Expandio Ad Absurdum´ in Claim Construction
The U.S. Court of Appeals for the Federal Circuit has rejected a claim construction that was arguably correct on a term-by-term basis, but failed "to implement the invention described in the specification." On Demand Machine Corp. v. Ingram Industries, Inc., Case Nos. 05-1074, -1075, -1100 (Fed. Cir. Mar. 31, 2006) (Newman, J.).
United States
2 May 2006
Computer-Implemented Inventions In Europe
This article reviews the legal situation in Europe and the effects of the directive issued by the European Commission as it relates to the protection of computer-implemented inventions.
United States
27 May 2005
E-Mails to Customers Need to be Reconsidered
As a general rule, businesses sending e-mail to customers could be confident, prior to January 1, 2005, that their electronic message would not be running afoul of U.S. spam law if the message regarded the customer’s business relationship or transaction.
United States
17 Mar 2005
District Court’s Refusal to Hear Declaratory Judgment Suit Found to be Abuse of Discretion
Applying the "abuse of discretion" standard, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s dismissal of a declaratory judgment suit and remanded the case.
United States
4 Feb 2005
Canadian Component not Withstanding, BlackBerry System Found to Infringe U.S. Patents
NTP Inc. is the owner of the "Campana patents" that integrate electronic mail with radio frequency (RF) wireless transmission. Research in Motion (RIM), a Canadian corporation, makes the ubiquitous BlackBerry. NTP sued RIM, alleging that the elements of the BlackBerry system infringe various claims in the Campana patents.
United States
1 Feb 2005
Court Rejects Use Of Digital Millennium Copyright Act And Copyright Act Against Aftermarket Equipment Supplier
The U.S. Court of Appeals for the Sixth Circuit reversed and remanded a preliminary injunction enjoining Static Control Components, Inc. (SCC) from selling its SMARTEK chip that enabled remanufacture of replacement laser printer toner cartridges.
United States
30 Nov 2004
FCC Adopts new Technical Standards for Providing Broadband Over Power Lines
On October 28, 2004, the U.S. Federal Communications Commission (FCC) released a Report and Order (ET Docket No. 04-37) adopting new technical rules for the operation of Broadband over Power Line (BPL) systems.
United States
25 Nov 2004
Controversial Weldon Amendment Has Negligible Impact on Issuance of Claims to Methods For Human Cloning
On January 23, 2004, President George W. Bush signed into law appropriations omnibus bill H.R. 2673 authorizing 2004 funding of the federal government including the United States Patent and Trademark Office (USPTO).
United States
7 Oct 2004
Business Compliance With U.S. Anti-Spam Laws
U.S. anti-spam laws present the risk of significant liability for companies that are not "spammers" but communicate in good faith with potential customers and other businesses by e-mail, fax or telephone.
United States
27 Sep 2004
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