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HTMLThe Hazard of Having a Dominate Customer (And How to Keep Your Biggest Customer From Controlling You)
Michael Lasky; Burr & Forman LLP;
Legal Alert/Article
March 18, 2013, previously published on March 14, 2013
Let’s suppose you want to break Apple’s grip on the smart phone market. So you build a similar operating system and give it away to everyone for free (keeping the right to advertising revenue, of course). It works spectacularly. You beat Apple at its own game but then, just when you...


HTMLCIPO Issues Examiner Guideline for Computer-Implemented Inventions (PN 2013-03)
Bennett Jones LLP;
Legal Alert/Article
March 18, 2013, previously published on March 14, 2013
After some prior iterations and commentary from the patent bar, the Canadian Intellectual Property Office (CIPO) published a practice note dealing with computer-implemented inventions on March 8, 2013. The practice note is meant to clarify the position of Examiners in light of the recent


Adobe PDFSoftware Copyright - New Developments in the UK
Mayer Brown LLP;
Legal Alert/Article
March 11, 2013, previously published on February 2013
The UK Courts have recently decided a high-profile software copyright case, following clarification on some key issues from the European Court. The SAS Institute case examines whether software programming languages, data file formats and other program elements are protected by copyright.


HTMLHow to Be Anti-Troll Without Being Antitrust
Dinsmore Shohl LLP;
Legal Alert/Article
March 11, 2013, previously published on March 5, 2013
The U.S. District Court for the Northern District of California recently addressed whether a “patent aggregator” (a.k.a. “anti-troll”), which is an organization formed by operating companies to protect against “non-practicing entities” (NPEs, a.k.a. “patent...


HTMLTexas Executive Convicted of Hacking Former Employer’s Computer Network
Haynes Boone LLP;
Legal Alert/Article
March 8, 2013, previously published on March 6, 2013
A federal jury in the Northern District of Texas has convicted Michael Musacchio, a former logistics company executive, of violating the federal Computer Fraud and Abuse Act. The evidence presented at trial showed that Musacchio engaged in a conspiracy to hack into his former employer’s...


HTMLUK: New Security for Sub-Licensees?
Edwards Wildman Palmer LLP;
Legal Alert/Article
March 7, 2013, previously published on February 2013
The conventional view in the UK has been that a sub-licensee has no greater rights than his sub-licensor and so a sub-licence ends when the sub-licensor’s rights terminate. This is questioned by the recent case of VLM Holdings Limited v Ravensworth Digital Services Limited [2013] EWHC 228...


HTMLCBP Issues Guidance on Country of Origin
Drinker Biddle Reath LLP;
Legal Alert/Article
March 7, 2013, previously published on February 22, 2013
Despite software’s intrusion into almost every aspect of our lives, U.S. Customs and Border Protection (CBP) has issued very little guidance on how to determine a software’s country of origin, particularly in situations where a substantial transformation may have occurred. CBP guidance...


HTMLYou Can Jailbreak Phones But Not Tablets: New DMCA Rules Roll Back Fair Use in Favor of Software Owners’ Rights
Thomas C. Carey; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
February 21, 2013, previously published on January 2013
The Digital Millennium Copyright Act (DMCA) bans the circumvention of technological measures that restrict access to works that are copyright-protected. E-books, music, movies and software all benefit from this legal protection, which does not require copying of the protected material to trigger a...


HTMLUSPTO Considers Best Practices to Improve Patent Application Quality
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
February 18, 2013, previously published on February 14, 2013
In a Federal Register Notice published January, 13, 2013, the USPTO asks the public to consider potential best practices aimed at improving patent application quality ”in order to facilitate examination and bring more certainty to the scope of issued patents.” These practices are...


HTMLOral Argument in CLS Bank: Redefining Patent Eligibility for Computer-Related Inventions?
George C. Beck, Jeanne M. Gills, Jeffrey J. Mikrut; Foley & Lardner LLP;
Legal Alert/Article
February 14, 2013, previously published on February 11, 2013
On February 8, 2013, the Federal Circuit, sitting en banc, heard oral arguments in CLS Bank International v. Alice Corporation Pty. Ltd., No. 2011-1301, which vacated a panel opinion from the Federal Circuit, CLS Bank Int’l v. Alice Corp., 685 F.3d 1341 (Fed. Cir. 2012), vacated, 484 Fed....


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