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HTMLHigh Octane Patent Litigation? Supreme Court Relaxes Standards for Awarding Attorneys' Fees While Increasing Deference on Appeal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 5, 2014, previously published on April 29, 2014
In twin unanimous opinions issued today, the U.S. Supreme Court has rejected long-standing Federal Circuit rules governing the award of attorneys’ fees to the prevailing party in patent litigation, and appellate review of those awards. The decisions give district judges more discretion to...

 

HTMLMicrosoft-Nokia: China’s MOFCOM Quietly Slips Into the Debate about Injunctive Relief for FRAND-encumbered SEPs
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 25, 2014, previously published on April 23, 2014
This past November and December, the US Federal Trade Commission (“FTC”) and European Commission (“EC”) cleared Microsoft Corporation’s (“Microsoft”) acquisition of the bulk of the devices and services business of Nokia Corporation of Finland...

 

HTMLThe 8 Gotchas of Technology Contracting - Part 1
Craig R. Auge; Vorys, Sater, Seymour and Pease LLP;
Legal Alert/Article
April 14, 2014, previously published on April 3, 2014
Every business runs at least in part on technology - and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry.

 

HTMLIs Your HIPAA Compliance Program Going Out the Window with XP?
Dianne J. Bourque, Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
April 11, 2014, previously published on April 10, 2014
April 8, 2014 marked the end of Microsoft’s support for the Windows XP operating system, which means the end of security updates from Microsoft and the beginning of new vulnerability to hackers and other intruders into systems still utilizing the operating system. But does the end of Windows...

 

HTMLSupreme Court Hears Argument on Software Patents
George C. Beck, Kevin M. Littman; Foley & Lardner LLP;
Legal Alert/Article
April 3, 2014, previously published on April 1, 2014
On April 1, 2014, the Supreme Court heard arguments in Alice Corp. Pty. Ltd.v. CLS Bank Int’l, which concerns the patent eligibility of computer-implemented inventions. This is the fourth recent Supreme Court case addressing patent eligibility under 35 U.S.C. § 101, following Bilski,...

 

HTMLU.S. Supreme Court Clarifies Standing Requirements for Lanham Act False Advertising Claim
Elisabeth A. Langworthy, Daniel C. Neustadt; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 28, 2014, previously published on March 26, 2014
A unanimous U.S. Supreme Court held Tuesday that a plaintiff may bring a false advertising claim under the Lanham Act, 15 U.S.C. § 1125(a), even where the plaintiff is not a direct competitor of the defendant. A false advertising plaintiff need only allege “injury to a commercial...

 

HTMLOver 20 Million Customer Accounts Affected by Data Breaches in California; Attorney General Harris Promises Increased Enforcement
Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 24, 2014, previously published on March 18, 2014
When you think of catastrophic events that take place online and have a devastating effect on millions of people, you probably think of HBO Go crashing during the True Detective finale. However, California Attorney General Kamala Harris wants to remind you that you should be thinking about data...

 

HTMLAre Computer-Implemented Inventions Patent Eligible?
Justin M. Sobaje; Foley & Lardner LLP;
Legal Alert/Article
March 12, 2014, previously published on March 10, 2014
On March 31, the Supreme Court will hear arguments in Alice Corp. Pty. Ltd. v. CLS Bank Int’l (Supreme Court Docket No. 13-298). At issue is the scope of § 101 patent-eligible subject matter, with the patent eligibility of computer-implemented inventions hanging in the balance. Special...

 

HTMLTennessee Rules Temporary Download of Software Not Subject to Sales Tax
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 4, 2014, previously published on January 28, 2014
Tennessee ruled that the temporary download of software for demonstration purposes and immediate removal does not constitute an installation of computer software that is subject to sales tax.

 

HTMLOklahoma Letter Rulings: Sales of Digital Products, Software Maintenance Renewals and Video Game Cards Are Not Subject to Sales Tax
Andrew D. Appleby, Derek Takehara; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 3, 2014, previously published on January 8, 2014
The Oklahoma Tax Commission issued three Letter Rulings addressing the digital economy. First, the Commission ruled that receipts from sales of digital photos, videos and designs delivered via the Internet are not subject to sales tax when no tangible item is conveyed.

 


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