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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recent decision in Juxtacomm-Texas Software, LLC v. Tibco Software, Inc., Nos. 2013-1004, -1025 (Sept. 30, 2013) (nonprecedential) serves as a reminder of the vulnerability of patent claims that drift beyond the scope of what an applicant regarded as its invention: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...

 

HTMLA Practical Guide to Software License Agreements: Confidentiality Obligations
Borden Ladner Gervais LLP;
Legal Alert/Article
October 16, 2013, previously published on October 15, 2013
Software license agreements often contain provisions that impose restrictions and requirements regarding the use and disclosure of each party’s confidential information. Customers should consider whether the confidentiality obligations are reasonable and practicable for the particular...

 

HTMLNew York: Advisory Opinion Clarifies Application of Sales and Use Tax to Software Tool
David M. Kall, Susan Millradt McGlone, Jeremy J. Schirra; McDonald Hopkins LLC;
Legal Alert/Article
October 7, 2013, previously published on October 3, 2013
A software developer (Petitioner) requested an advisory opinion (TSB-13(30)S) from the New York Department of Taxation and Finance (Department) about whether his online software assessment tool or the reports generated by the use of his software tool are subject to New York sales and use taxes.

 

HTMLA Different Kind of Adobe Update: Adobe Announces Data Breach Compromising Information of 2.9 Million Customers
Cynthia J. Larose, Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 7, 2013, previously published on October 4, 2013
Adobe Systems Inc.,(ADBE -1.24%) announced earlier today that has been the victim of a cyber attack that has compromised information of 2.9 million of its customers. In a blog post Thursday morning, Adobe’s Chief Security Officer Brad Arkin referred to such attacks as “one of the...

 

HTMLA Practical Guide to Software License Agreements: Contract Interpretation Principles
Borden Ladner Gervais LLP;
Legal Alert/Article
October 2, 2013, previously published on October 1, 2013
A customer that negotiates a software license agreement should understand the basic legal principles that will govern the interpretation of the agreement in the event of a dispute. In most circumstances, the customer’s rights and obligations will be defined and limited by the express words of...

 


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