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|PTAB Practice Tip: When Must I Request ‘Authorization’ to File a Motion?|
Andrew S. Baluch; Foley & Lardner LLP;
January 16, 2014, previously published on January 15, 2014One of the most common mistakes parties make in the new Inter Partes Review (IPR) and Covered Business Method (CBM) proceedings is failing to seek Board authorization to file a motion. Many practitioners incorrectly assume that the way to request relief of any sort is to simply file a motion. But...
|Massachusetts: Department of Revenue Provides Guidance on Application of Sales Tax to Cloud Computing|
McDonald Hopkins LLC;
January 3, 2014, previously published on December 19, 2013Due to the rapid advancements in technology and software-related products, states and sellers are struggling to properly determine whether the sale is considered a sale of software-related products that are taxable sales of pre-written software or a sale of software-related products that are...
|Copyright Office Releases Revised Statement of Account Forms for 2013/2 Accounting Period, Approves Use of Filing Fee Addendum with TWC Excel SOA Template|
Seth A. Davidson; Edwards Wildman Palmer LLP;
December 17, 2013, previously published on December 13, 2013The Copyright Office, which recently announced the establishment of a schedule of filing fees that must accompany the submission of each statement of account form submitted by a cable operator, has published updated versions of Forms SA1-2 and SA3 that require cable operators to include the...
|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...
|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...
|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...
|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...