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|What Do You Mean? Nautilus Ruling Holds That a Patent Claim Must Convey with Reasonable Certainty the Scope of the Invention|
Ann G. Fort, Jeremy D. Spier; Sutherland Asbill & Brennan LLP;
June 6, 2014, previously published on June 3, 2014On June 2, a unanimous U.S. Supreme Court held in Nautilus Inc. v. Biosig Instruments Inc. that a patent claim may be found indefinite if it fails to convey the scope of the invention “with reasonable certainty” to a person skilled in the art. No. 13-369, 2014 WL 2440536 (U.S. June 2,...
|Cyber-Attackers Can’t Hack-It: The Pentagon Develops a Hack-Proof Drone|
Brian Fahrenbach; Husch Blackwell LLP;
May 30, 2014, previously published on May 28, 2014DARPA (the Pentagon’s research division) recently unveiled a new drone with secure software that protects the aircraft’s control systems from hackers. The program, known as High Assurance Cyber Military Systems (“HACMS”) uses carefully-crafted software to cut-off attacks....
|Deadline Looms for Canada’s Anti-Spam Law - But There’s Still (Barely) Time to Comply|
McCarthy Tetrault LLP;
May 29, 2014, previously published on May 22, 2014In less than six weeks, the e-communications landscape in Canada will undergo a seismic shift. On July 1, 2014, Canada’s anti-spam law (CASL) comes into force. Many businesses have assumed, incorrectly, that it simply won’t apply to them, or that their existing practices are just fine;...
|UPDATE: The Hare Loses Steam - Patent Litigation Reform Law Unlikely This Year|
Ann G. Fort; Sutherland Asbill & Brennan LLP;
May 27, 2014, previously published on May 23, 2014Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling that work until the interested parties reach a bipartisan compromise....
|Verizon 2014 Data Breach Investigations Report Is Here|
Richard Sheinis; Hall Booth Smith, P.C.;
May 16, 2014, previously published on May 1, 2014Verizon has released its latest Data Breach Investigations Report, and its 2014 edition is better than ever! Verizon studied 1,367 confirmed data breaches, and 63,437 security incidents in 95 countries. A breach is defined as an incident that results in the disclosure or potential exposure of data....
|Software Audits: Strategies for Licensees|
Joseph M. DiCioccio, Julie E. Korostoff, Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 13, 2014, previously published on May 8, 2014If you have received a software audit request from your software vendor or one of the industry trade groups representing software publishers, such as the Software & Information Industry Association (“SIIA”) or the Business Software Alliance (“BSA”) you are not alone....
|Exemptions Abound! Virginia Clarifies Taxability of Sales of Computer Software and Cloud Computing Services|
Andrew D. Appleby, Derek Takehara; Sutherland Asbill & Brennan LLP;
May 5, 2014, previously published on April 29, 2014The Virginia Tax Commissioner issued a taxpayer-favorable ruling addressing Virginia sales and use tax on (1) computer software sold to manufacturers and (2) cloud computing services. The Commissioner determined that Virginia’s manufacturing exemption can apply to sales of computer software...
|Taxpayer Win! Michigan Court Rules Cloud Computing Services Not Subject to Use Tax|
Jessica L. Kerner, Pilar Mata; Sutherland Asbill & Brennan LLP;
May 5, 2014, previously published on April 29, 2014The Michigan Court of Claims held that cloud computing, or software as a service (SaaS), is a nontaxable service rather than a taxable use of prewritten software. The taxpayer, an insurance company, entered into various transactions that provided the taxpayer with remote access to third...
|High Octane Patent Litigation? Supreme Court Relaxes Standards for Awarding Attorneys' Fees While Increasing Deference on Appeal|
Sutherland Asbill Brennan LLP;
May 5, 2014, previously published on April 29, 2014In 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...
|Microsoft-Nokia: China’s MOFCOM Quietly Slips Into the Debate about Injunctive Relief for FRAND-encumbered SEPs|
Sheppard Mullin Richter Hampton LLP;
April 25, 2014, previously published on April 23, 2014This 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...