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Archive for the ‘Software’ Category

Microsoft asks the Supreme Court to rule on the evidentiary standard for patent invalidity By Abby Lauer – Edited by Matt Gelfand Petition for Writ of Certiorari, Microsoft Corp. v. i4i Ltd. P’ship (U.S. 2010) Petition, hosted by Patently-O Last week, Microsoft announced that it has filed a petition for writ of certiorari to the Supreme Court in an effort to overturn a $290 million damages award imposed by a federal jury last year. The plaintiff in the case is ... Read More...
Posted On Sep - 10 - 2010 Comments Off READ FULL POST
By Sharona Hakimi Gates Denounces WikiLeaks disclosure of sensitive documents from Afghanistan On July 29, Wired and the New York Times reported that Defense Secretary Robert Gates and Joint Chiefs of Staff Chairman Admiral Mike Mullen publicly condemned WikiLeaks for publishing 75,000 secret documents relating the Afghanistan War.  During a Pentagon press briefing, Mullen said that the activists who run WikiLeaks “might already have on their hands the blood of some young soldier” or an Afghan partner whose identity was ... Read More...
Posted On Aug - 5 - 2010 Comments Off READ FULL POST
Fifth Circuit Limits DMCA by Distinguishing Circumvention to Access Software and Circumvention to Violate Copyright By Ian B. Brooks – Edited by Helen He MGE UPS Systems, Inc. v. GE Consumer and Indus. Inc., No. 08-10521 (5th Cir. July 20, 2010) Slip Opinion The Fifth Circuit affirmed the ruling of the District Court for the Northern District of Texas, which dismissed MGE UPS Systems Inc.’s (“MGE”) Digital Millennium Copyright Act (“DMCA”) claim against Power Maintenance International, Inc. (“PMI”) and General ... Read More...
Posted On Aug - 2 - 2010 1 Comment READ FULL POST
Federal Circuit Distinguishes Provisional Applications from Foreign Filings for Prior Art Priority under 102(e) By Ian B. Brooks – Edited by Anthony Kammer In re Giacomini, No. 2009-1400 (Fed. Cir. July 7, 2010) Slip Opinion On July 7, 2010, the Court of Appeals for the Federal Circuit affirmed the Board of Patent Appeals and Interferences’ (“Board”) rejection of claims of U.S. Patent Application No. 09/725,737 as anticipated under 35 U.S.C. § 102(e), the so-called “secret prior art” provision.  The Federal ... Read More...
Posted On Jul - 21 - 2010 1 Comment READ FULL POST
Determination of Patentable Subject Matter Not Limited to Machine-or-Transformation Test; Some Business Method Patents Survive By Davis Doherty – Edited by Matt Gelfand Bilski v. Kappos, No. 08-964 (U.S. June 28, 2010) Slip Opinion In a 9-0 decision, the Supreme Court affirmed an en banc ruling by the Court of Appeals for the Federal Circuit, which held that the petitioners’ claimed invention, a commodities risk-hedging method, was unpatentable. At the same time, a 4-1-4 split on the broader issue of ... Read More...
Posted On Jun - 29 - 2010 Comments Off READ FULL POST
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