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|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...
|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...
|FCRA Alert: FTC Settles Civil Investigation of Criminal Background Screeners with Consent Order|
David N. Anthony, Scott Kelly, Alan D. Wingfield; Troutman Sanders LLP;
May 6, 2013, previously published on May 2, 2013In recent enforcement actions, the Federal Trade Commission (FTC) continues to show its regulatory teeth in the FCRA arena. On April 30, 2013, the FTC settled charges against two criminal record vendors, Filiquarian Publishing LLC and Choice Level LLC, as well as their CEO Joshua Linsk, for various...
|California Computer Hacking Case Highlights Important Circuit Split on the Computer Fraud and Abuse Act|
Emily Westridge Black, Ronald W. Breaux, Timothy Newman; Haynes and Boone, LLP;
April 19, 2013, previously published on April 17, 2013The computer hacking trial of David Nosal is under way in federal district court in California. The trial is being followed with interest in the business community because it is the latest development in a case that highlights an important split in the interpretation of the Computer Fraud and Abuse...
|Cloud Computing with Export-Controlled Data|
Jonathan T. Cain; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 15, 2013, previously published on March 12, 2013Security and privacy are the most frequently expressed concerns about cloud computing (defined for this article to include software as a service, platform as a service and storage as a service), but for companies that engage in research, design, development, manufacturing and servicing of items...
|Apps on Smart Devices and Data Protection: February 27, 2013 Opinion of the Article 29 Working Party Provides Valuable Guidance|
Crowell Moring LLP;
April 3, 2013, previously published on March 28, 2013Apps on mobile devices collect large quantities of data from the device and process these (i) in order to provide services to the end-user, but also (ii) for other purposes that are often unknown or unwanted by the end-user. Many of the data processed, such as location data, contact data, unique...
|CIPO Issues Examiner Guideline for Computer-Implemented Inventions (PN 2013-03)|
Bennett Jones LLP;
March 18, 2013, previously published on March 14, 2013After 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 Amazon.com...
|The Hazard of Having a Dominate Customer (And How to Keep Your Biggest Customer From Controlling You)|
Michael Lasky; Burr & Forman LLP;
March 18, 2013, previously published on March 14, 2013Let’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...
|How to Be Anti-Troll Without Being Antitrust|
Dinsmore Shohl LLP;
March 11, 2013, previously published on March 5, 2013The 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...