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Documents on computer software
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|FTC to Mobile App Developers: Get Privacy Right from the Start|
Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 10, 2012, previously published on September 5, 2012Mobile app developers have some unique challenges when it comes to preparation and implementation of privacy policies. But, regulators have made it quite clear that the general privacy laws and regulations apply whether the application is online or mobile.
|Crime (Policy) Does Pay - Sixth Circuit Holds That Endorsement of Crime Policy Covers Losses from Hacker's Data Breach|
Joseph E. Clark, Kristen J. Mathews, Marc E. Rosenthal; Proskauer Rose LLP;
September 7, 2012, previously published on September 4, 2012Cyber hacking, data breaches and privacy concerns have become commonplace headlines. While not always front page news, one study reported on 1,700 instances of computer hacking, cyber terrorism, and other data breaches in the past seven years, resulting in some 900 million compromised records....
|Claim by Baltimore City for Intentional Misrepresentation and Punitive Damages Permitted to Proceed Against Software Developer|
Eric M. Leppo; Semmes, Bowen & Semmes A Professional Corporation;
August 28, 2012, previously published on August 2012In this recently issued Memorandum Opinion from the U.S. District Court for the District of Maryland, Judge Bredar granted in part and denied in part, Defendant’s motion to dismiss certain counts of the City’s suit. The Court found that the City’s claim of intentional...
|ALJ Gildea Rules On Motions In Limine In Certain Portable Electronic Devices (337-TA-797)|
Alexander E. Gasser, John F. Presper; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
August 22, 2012, previously published on August 21, 2012On August 17, 2012, ALJ E. James Gildea issued the public versions of Order No. 61 (dated July 26, 2012), Order No. 65 (dated July 31, 2012), Order No. 66 (dated August 2, 2012) and Order No. 68 (dated August 2, 2012) in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-797).
|Patent Eligible Inventions|
Christopher Paradies; Fowler White Boggs P.A.;
August 22, 2012Software development, genetics and methods of doing business are three areas undergoing unprecedented innovation, but questions have been raised about the patent eligibility of claims drawn to these inventions. Recently, the Supreme Court of the United States has made clear that 35 U.S.C. §101...
|When Is a Software Licence Transferable Even If It Says It’s Non-Transferable?|
Sarah Byrt, Mark A. Prinsley; Mayer Brown International LLP;
August 20, 2012, previously published on August 2012Software companies cannot prevent the sale of “second-hand” software licences, where those licences are for a one-off fee and an unlimited period. Clauses in these licences stating that they are non-transferable will not be enforceable. This is the effect of a recent judgment by the...
|A New Patent Shield? House Bill Introduces “Anti-Patent Troll” Legislation|
Alison S. McGeary, Robert C. Van Arnam; Williams Mullen;
August 13, 2012, previously published on August 7, 2012“Patent Trolls,” or non-practicing entities that buy up patents with the expectation of litigating their way to profit, have been targeting software and computer hardware companies for years. Critics of the America Invents Act believe it did not go far enough to stem the tide of this...
|What Effect Will the UsedSoft v. Oracle Decision Have on U.S. Software Companies?|
Adam J. Ruttenberg, Diane W. Savage; Cooley LLP;
August 10, 2012, previously published on August 8, 2012On July 3, the Court of Justice of the European Union ("CJEU") held that Oracle could not oppose the resale of copies of its software programs by UsedSoft, a company that acquired the software from Oracle licensees in the European Union ("EU"). This decision, which contrasts...
|Fourth Circuit Court of Appeals Finds Computer Fraud and Abuse Act Provides No Remedy for Employer, Whose Former Employee Misappropriated Company Information|
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
August 3, 2012, previously published on July 2012In WEC Carolina Energy Solutions, LLC v. Miller, the United States Court of Appeals for the Fourth Circuit found that an employer could not maintain a cause of action under the Computer Fraud and Abuse Act (CFAA) against an employee for downloading the employer’s proprietary information where...
|ITC Institutes Investigation (337-TA-852) Regarding Certain Video Analytics Software|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
August 1, 2012, previously published on July 30, 2012On July 26, 2012, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Video Analytics Software, Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-852).