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HTMLIn re Quest Software, Inc., S'holders Litig., C.A. No. 7357-VCG (Del. Ch. Nov. 12, 2013) (Glasscock, V.C.)
Potter Anderson Corroon LLP;
Legal Alert/Article
November 28, 2013, previously published on November 12, 2013
In 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...


HTMLPatent Bill Update
McDonald Hopkins LLC;
Legal Alert/Article
November 27, 2013, previously published on November 22, 2013
This 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).


HTMLNo Expansion of CFAA Liability for Monetary Exploit of Software Bug
Jeffrey D. Neuburger; Proskauer Rose LLP;
Legal Alert/Article
November 15, 2013, previously published on November 13, 2013
In 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...


HTMLA Practical Guide to Software License Agreements: Governing Law and Dispute Resolution
Borden Ladner Gervais LLP;
Legal Alert/Article
November 13, 2013, previously published on November 12, 2013
Software 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...


HTMLShifting Strategies: Public Disclosure Under the AIA
Christopher S. Dodson; Barley Snyder;
Legal Alert/Article
November 7, 2013, previously published on November 7, 2013
The 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...


Adobe PDFSCC Competition Law Class Action Decisions
Patrick Copeland, Don Jack; Aird & Berlis LLP;
Legal Alert/Article
November 7, 2013, previously published on November 1, 2013
On 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...


HTMLA Practical Guide to Software License Agreements: Source Code Escrow Arrangements
Bradley Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
October 29, 2013, previously published on October 28, 2013
Software 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...


HTMLSoftware and Business Methods — Patentable Subject-Matter in Europe?
Anne Campbell, David Wraige; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 22, 2013, previously published on October 21, 2013
The 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...


HTMLFederal Circuit Invalidates Patent Over the Inventions Set Forth in the Claims Requirement of 35. U.S.C. § 112 ¶ 2.
Ellen T. Wong; Foley & Lardner LLP;
Legal Alert/Article
October 18, 2013, previously published on October 15, 2013
The Federal Circuit’s recent decision in Juxtacomm-Texas Software, LLC v. Tibco Software, Inc., Nos. 2013-1004, -1025 (Sept. 30, 2013) (nonprecedential) serves as a reminder of the vulnerability of patent claims that drift beyond the scope of what an applicant regarded as its invention:


HTMLSaaS Recovery and Escrow Alternatives - Planning for Continuity on a Rainy Day in the Cloud
Craig R. Auge; Vorys, Sater, Seymour and Pease LLP;
Legal Alert/Article
October 17, 2013, previously published on October 16, 2013
Ease, simplicity, and low start-up costs are just some of the reasons customers turn to software-based "cloud" applications and services. These include software-as-a-service (SaaS), application service provider (ASP), and similar arrangements, but for simplicity these are referred to in...


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