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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....


Adobe PDFFederal Circuit Hears Oral Argument on the Patent Eligibility of Computer-Implemented Methods, Systems and Products
Josh Calabro, Robert H. Fischer; Fitzpatrick, Cella, Harper & Scinto;
Legal Alert/Article
February 14, 2013, previously published on February 11, 2013
On February 8, 2013, the Court of Appeals for the Federal Circuit heard en banc oral argument in CLS Bank v. Alice Corporation. This case concerns whether claims covering computer-implemented methods, systems, and products for exchanging a financial obligation recite patent-eligible subject matter...


HTMLCountry of Origin for Computer Software - U.S. Customs Finally Sheds Some Light on the Issue
David S. Gallacher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 13, 2013, previously published on February 11, 2013
One of the most perplexing questions that has plagued the government contracting community in recent years relates to the country of origin for computer software. Where most government procurements restrict the purchase of products that were not manufactured or substantially transformed in an...


Adobe PDFA Practical Guide to Software License Agreements: Fees and Related Matters
Bradley Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
February 8, 2013, previously published on February 2013
Software license agreements generally require the customer to pay fees for the software license and related services, which fees are usually based upon the duration of the license and the manner in which the customer is allowed to use the software, together with applicable taxes and withholdings....


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