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|Update: The U.S. Supreme Court Grants Certiorari in Alice Corp. v. CLS Bank Int’l|
Betsy Krauss; Husch Blackwell LLP;
December 13, 2013, previously published on December 9, 2013In a previous blog post, we queried whether the U.S. Supreme Court would weigh in on the debate over the extent to which software should be patentable. For at least one case, we now have our answer. On Friday, the Supreme Court granted certiorari in the in Alice Corp. Pty. Ltd. v. CLS Bank...
|US Supreme Court to Review Patent Eligibility in Fundamental Computer Patent Case|
Dentons Canada LLP;
December 13, 2013, previously published on December 10, 2013Since the Supreme Court's decision in In re Bilski in 2010, the computer industry has been struggling with the question of how to determine patent eligibility of software and business method patents under 35 U.S.C. § 101. In May 2013, the Court of Appeals for the Federal Circuit issued an en...
|In re Quest Software, Inc., S'holders Litig., C.A. No. 7357-VCG (Del. Ch. Nov. 12, 2013) (Glasscock, V.C.)|
Potter Anderson Corroon LLP;
November 28, 2013, previously published on November 12, 2013In this letter opinion, the Court of Chancery addressed plaintiffs’ application for attorneys’ fees under the corporate benefit doctrine in the context of a mooted litigation. Plaintiffs sought a $2.8 million fee award. The primary issue considered by the Court was whether there was a...
|Patent Bill Update|
McDonald Hopkins LLC;
November 27, 2013, previously published on November 22, 2013This week, the House Judiciary Committee voted down a Democratic patent reform amendment during a markup of the Innovation Act, authored by Chairman Bob Goodlatte (R-VA).
|No Expansion of CFAA Liability for Monetary Exploit of Software Bug|
Jeffrey D. Neuburger; Proskauer Rose LLP;
November 15, 2013, previously published on November 13, 2013In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable “Bank Error in Your Favor, Collect $200" card. By the next turn, the proceeds are usually invested in properties and houses, yet, some might wonder whether accepting such a windfall was...
|A Practical Guide to Software License Agreements: Governing Law and Dispute Resolution|
Borden Ladner Gervais LLP;
November 13, 2013, previously published on November 12, 2013Software license agreements usually contain provisions that specify the law that governs the agreement and a procedure for resolving disputes relating to the agreement. Those provisions can have a significant effect on the rights and obligations of the software vendor and customer. The software...
|SCC Competition Law Class Action Decisions|
Patrick Copeland, Don Jack; Aird & Berlis LLP;
November 7, 2013, previously published on November 1, 2013On October 17, 2012, the Supreme Court of Canada heard argument in three appeals relating to the certification (in Quebec, the authorization) of class actions: Pro-Sys Consultants Ltd. v. Microsoft Corporation, Infineon Technologies AG v. Option Consommateurs, and Sun-Rype Products Ltd. v. Archer...
|Shifting Strategies: Public Disclosure Under the AIA|
Christopher S. Dodson; Barley Snyder;
November 7, 2013, previously published on November 7, 2013The final phase of the America Invents Act (“AIA”) was implemented on March 16, 2013, and marked the end of the transition from the old first inventor to invent system to the new first inventor to file system. This monumental change has far reaching implications concerning the role of...
|A Practical Guide to Software License Agreements: Source Code Escrow Arrangements|
Bradley Freedman; Borden Ladner Gervais LLP;
October 29, 2013, previously published on October 28, 2013Software license agreements often include a source code escrow arrangement that allows the customer to access and use source code for the licensed software if specific events occur. If a customer requires the self-help remedy that source code can provide, then the customer should request and...
|Software and Business Methods — Patentable Subject-Matter in Europe?|
Anne Campbell, David Wraige; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 22, 2013, previously published on October 21, 2013The CLS Bank case (CLS Bank Int’l v. Alice Corp. Pty. Ltd., 2011-1301) decision issued by the Court of Appeals for the Federal Circuit highlighted the difficulty that those working in the field of software patents in the US are having in deciding what constitutes patent eligible...