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|Implementing Data Protection Policies in Russia: Hidden Issues|
Pavel Karpunin; Capital Legal Services;
June 12, 2013, previously published by The Moscow Times on May 2013Companies operating worldwide generally adopt data protection policies to be implemented by all of their offices. For instance, many foreign companies operating in Russia require that certain data be transferred from their Russian offices to the headquarters located abroad. As an alternative, some...
|Selected Highlights from The FTC's COPPA FAQs|
Loeb Loeb LLP;
June 10, 2013, previously published on May 2013The FTC posted on its website an updated version of its COPPA FAQs. (The FTC amended its COPPA Rule in December 2012, which we summarized in this Alert.) The deadline for complying with the amended COPPA Rule is July 1, 2013. The FAQs contain 92 questions and answers (some new and some old) on a...
|Software Licenses and Indemnities: What Obligations Are You Taking On?|
Richard Stobbe; Field Law;
June 7, 2013, previously published on June 5, 2013License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a liability, loss, or damage. In essence, the party giving the indemnity will make the injured party “whole” by recompensing losses and...
|Florida Commission on Hurricane Loss Projection Methodology to Review Computer Models at June 18-20 Meetings|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
June 7, 2013, previously published on June 4, 2013The Florida Commission on Hurricane Loss Projection Methodology ("Commission") has scheduled three days of meetings beginning June 18, 2013, during which it will review computer models submitted under the Standards and Acceptability Process for 2011. Modelers will also give presentations...
|ITC Decides To Not Review Remand Initial Determination In Certain Gaming And Entertainment Consoles (337-TA-752)|
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
June 5, 2013, previously published on June 3, 2013On May 23, 2013, the International Trade Commission (“the Commission”) issued a notice determining not to review the Remand Initial Determination (“RID”) in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (Inv. No. 337-TA-752).
|Software Patents Put to the Test - A Bad Sign for Trolls?|
Jeffri A. Kaminski; Venable LLP;
June 3, 2013, previously published on May 31, 2013One of the challenges presented by software patents, which are commonly asserted by so-called patent assertion entities (aka, patent trolls), is determining what the patent covers. Often the invention is described in vague terms that are difficult to decipher. A recent Federal Circuit decision...
|Nuggets in the Ashes: A Few Guideposts Unearthed from CLS Bank v. Alice Corporation|
Kenneth G. Parker, Richard D. Rochford, Michael M. Shen; Haynes and Boone, LLP;
May 17, 2013, previously published on May 16, 2013The Federal Circuit released the results of its en banc hearing of a case involving the issue of what is patentable eligible subject matter under section 101 of the Patent Act. (CLS Bank International v. Alice Corporation Pty. Ltd., ---- F. 3d. ---, Case No. 2011 1301 (May 9, 2013).) The Federal...
|In En Banc Decision, Federal Circuit Finds Software-Related Claims Patent-Ineligible|
Sughrue Mion PLLC;
May 17, 2013, previously published on May 13, 2013On May 10, 2013, the United States Court of Appeals for the Federal Circuit issued a one-paragraph decision in CLS Bank v. Alice Corporation.
|A Cloud of Suspicion: Legal Issues Surrounding Cloud Computing|
Donna Ray Berkelhammer; Sands Anderson PC;
May 17, 2013, previously published on May 13, 2013We have seen a rise in the number of start-ups offering cloud-based services and are reviewing an increasing number of SaaS or cloud-based software services contracts for our clients. Cloud computing may be a viable business model for either vendor or business owner, but as with anything, you have...
|En Banc Federal Circuit Affirms That Computer-Implemented Escrow Method Is Not Patent Eligible, But Splits On Applicable Test: Majority Holds That Claims to Escrow Method Are Not Patentable; Equally Divided Court Affirms District Court Holding That Computer System Programmed to Carry Out Method Also Is Not Patent Eligible|
Sullivan Cromwell LLP;
May 16, 2013, previously published on May 14, 2013The patentability of computer-implemented business methods recently has been called into question by a number of decisions regarding the nature of patentable subject matter under 35 U.S.C. § 101. Last Friday, the en banc Federal Circuit Court of Appeals issued its long-awaited decision in CLS...