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Archive for the ‘Jurisdiction’ Category

UK Patents Court Holds Software Patents May Be Enforceable By Sarah Sorscher — Edited by Wen Bu In re Astron Clinica, High Court of Justice, Chancery Division, Patents Court (EWHC (Pat)), January 25, 2008, Case No. CH/2007/APP/0466 Opinion On January 25, the United Kingdom High Court ruled that the U.K. Intellectual Property Office (IPO) cannot categorically reject patent claims for computer programs under Section 1(2) of the Patents Act of 1977 (designed to implement Article 52 of the European Patent ... Read More...
Posted On Feb - 1 - 2008 Comments Off READ FULL POST
European Court of Justice holds that EU law does not require ISPs to disclose subscriber information By Daniel Ray — Edited by Wen Bu Productores de Música de España (Promusicae) v. Telefónica de España S.A.U. European Court of Justice (Grand Chamber), January 29, 2008 Case C-275/06, 2008 CELEX no 62006J0275 (Jan. 29, 2008) Opinion On January 29, the European Court of Justice issued a Grand Chamber ruling in Promusicae v. Telefónica. The court held that European law does not require ... Read More...
Posted On Jan - 31 - 2008 2 Comments READ FULL POST
Federal Circuit Holds Patent Unenforceable Following Patentee’s Failure to Disclose Material Notes By Michelle Yang — Edited by Wen Bu Monsanto Corp. v. Bayer Bioscience N.V. Federal Circuit, January 25, 2008, No. 2007-1109 Slip Opinion On January 25, the Federal Circuit affirmed the District Court for the Eastern District of Missouri’s holdings: 1) that Bayer’s patent for certain chimeric genes was unenforceable for inequitable conduct, and 2) that the district court had jurisdiction to declare three related patents unenforceable. The ... Read More...
Posted On Jan - 30 - 2008 Comments Off READ FULL POST
Second Circuit Holds Copyright Class Action Claims Must Be Based on Registered Copyright By Andrew Ungberg — Edited by Wen Bu In Re Literary Works in Electronic Databases Copyright Litigation Second Circuit, November 29, 2007, No. 05-5943-cv(L) Slip Opinion On November 29, the Court of Appeals for the Second Circuit vacated and remanded a decision of the District Court for the Southern District of New York to certify a class of freelance authors and accept a settlement of their copyright ... Read More...
Posted On Dec - 4 - 2007 Comments Off READ FULL POST
N.D.Cal. Grants Preliminary Injunction Requiring ODNI to Turn Over FISA-Related Documents By Yelena Shagall — Edited by Wen Bu Electronic Frontier Foundation, Inc. v. Office of the Director of National Intelligence, No. C 07-5278 SI District Court for the Northern District of California, November 27, 2007 Order On November 27, the District Court for the Northern District of California granted in part and denied in part a motion by the Electronic Frontier Foundation (EFF) for a preliminary injunction against the ... Read More...
Posted On Nov - 30 - 2007 Comments Off READ FULL POST
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