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|U.S. Supreme Court Clarifies Standing Requirements for Lanham Act False Advertising Claim|
Elisabeth A. Langworthy, Daniel C. Neustadt; Sutherland Asbill & Brennan LLP;
March 28, 2014, previously published on March 26, 2014A 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...
|Over 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.;
March 24, 2014, previously published on March 18, 2014When 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...
|Are Computer-Implemented Inventions Patent Eligible?|
Justin M. Sobaje; Foley & Lardner LLP;
March 12, 2014, previously published on March 10, 2014On 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...
|Tennessee Rules Temporary Download of Software Not Subject to Sales Tax|
Sutherland Asbill Brennan LLP;
March 4, 2014, previously published on January 28, 2014Tennessee 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.
|Oklahoma 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;
March 3, 2014, previously published on January 8, 2014The 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.
|Indiana: Use Tax Assessed On Pre-Written Computer Software Sales and GPS Installed On Vehicles|
David M. Kall, Susan Millradt McGlone, Jeremy J. Schirra; McDonald Hopkins LLC;
February 25, 2014, previously published on February 20, 2014The Indiana Department of State Revenue (Department) has reiterated in its Letter of Findings 04-20130306 (Finding) the Department’s position that computer software sales are generally not subject to Indiana sales and use tax if the software is a custom program specifically designed for one...
|Fate of Software Patents in Hands of the Supreme Court|
Paul S. Weidlich; Chambliss, Bahner & Stophel, P.C.;
February 20, 2014, previously published on February 14, 2014If your company owns or relies on software patents or business method patents enabled by software, then an upcoming decision in a software patent case will be of critical interest to you. Nearly 70 years after the first computer programs were written, the patentability of software remains...
|Summary of FCC Order Calling for IP Technology Transition Trial Proposals|
Bingham McCutchen LLP;
February 12, 2014, previously published on February 3, 2014On Friday January 31, the FCC released an Order, a Notice of Proposed Rulemaking, and Notice of Inquiry regarding Technology Transition Trials. These trials are not designed to test technology but to test how the FCC’s core “values underlying operation of today’s networks can be...
|Nintendo Judgment Puts UsedSoft Back in the PC Box|
Nicholas C.A. Bolter, Gareth Dickson; Edwards Wildman Palmer LLP;
January 31, 2014, previously published on January 2013There was excitement and consternation is roughly equal measure when the Court of Justice of the European Union ruled in UsedSoft v. Oracle that developers could not use copyright to prevent the resale of “second-hand” copies of software downloaded from the Internet. The Court came...
|E-Commerce Software Is On Docket For Supreme Court With Closely-Watched Business Method Patent Case|
Kevin S. Sprecher; Strauss Troy Co. L.P.A.;
January 21, 2014, previously published on January 20, 2014Today, you don’t think twice about clicking a button on Amazon or Priceline to make a purchase, but complex underbelly e-commerce engines drive these systems. These software programs are protected by nuanced business method patents that have come under question.