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|ITC Decides To Not Review Remand Initial Determination In Certain Gaming And Entertainment Consoles (337-TA-752)|
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
June 5, 2013, previously published on June 3, 2013On May 23, 2013, the International Trade Commission (“the Commission”) issued a notice determining not to review the Remand Initial Determination (“RID”) in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (Inv. No. 337-TA-752).
|Software Patents Put to the Test - A Bad Sign for Trolls?|
Jeffri A. Kaminski; Venable LLP;
June 3, 2013, previously published on May 31, 2013One of the challenges presented by software patents, which are commonly asserted by so-called patent assertion entities (aka, patent trolls), is determining what the patent covers. Often the invention is described in vague terms that are difficult to decipher. A recent Federal Circuit decision...
|A Cloud of Suspicion: Legal Issues Surrounding Cloud Computing|
Donna Ray Berkelhammer; Sands Anderson PC;
May 17, 2013, previously published on May 13, 2013We have seen a rise in the number of start-ups offering cloud-based services and are reviewing an increasing number of SaaS or cloud-based software services contracts for our clients. Cloud computing may be a viable business model for either vendor or business owner, but as with anything, you have...
|In En Banc Decision, Federal Circuit Finds Software-Related Claims Patent-Ineligible|
Sughrue Mion PLLC;
May 17, 2013, previously published on May 13, 2013On May 10, 2013, the United States Court of Appeals for the Federal Circuit issued a one-paragraph decision in CLS Bank v. Alice Corporation.
|Nuggets in the Ashes: A Few Guideposts Unearthed from CLS Bank v. Alice Corporation|
Kenneth G. Parker, Richard D. Rochford, Michael M. Shen; Haynes and Boone, LLP;
May 17, 2013, previously published on May 16, 2013The Federal Circuit released the results of its en banc hearing of a case involving the issue of what is patentable eligible subject matter under section 101 of the Patent Act. (CLS Bank International v. Alice Corporation Pty. Ltd., ---- F. 3d. ---, Case No. 2011 1301 (May 9, 2013).) The Federal...
|En Banc Federal Circuit Affirms That Computer-Implemented Escrow Method Is Not Patent Eligible, But Splits On Applicable Test: Majority Holds That Claims to Escrow Method Are Not Patentable; Equally Divided Court Affirms District Court Holding That Computer System Programmed to Carry Out Method Also Is Not Patent Eligible|
Sullivan Cromwell LLP;
May 16, 2013, previously published on May 14, 2013The patentability of computer-implemented business methods recently has been called into question by a number of decisions regarding the nature of patentable subject matter under 35 U.S.C. § 101. Last Friday, the en banc Federal Circuit Court of Appeals issued its long-awaited decision in CLS...
|FCRA Alert: FTC Settles Civil Investigation of Criminal Background Screeners with Consent Order|
David N. Anthony, Scott Kelly, Alan D. Wingfield; Troutman Sanders LLP;
May 6, 2013, previously published on May 2, 2013In recent enforcement actions, the Federal Trade Commission (FTC) continues to show its regulatory teeth in the FCRA arena. On April 30, 2013, the FTC settled charges against two criminal record vendors, Filiquarian Publishing LLC and Choice Level LLC, as well as their CEO Joshua Linsk, for various...
|California Computer Hacking Case Highlights Important Circuit Split on the Computer Fraud and Abuse Act|
Emily Westridge Black, Ronald W. Breaux, Timothy Newman; Haynes and Boone, LLP;
April 19, 2013, previously published on April 17, 2013The computer hacking trial of David Nosal is under way in federal district court in California. The trial is being followed with interest in the business community because it is the latest development in a case that highlights an important split in the interpretation of the Computer Fraud and Abuse...
|Cloud Computing with Export-Controlled Data|
Jonathan T. Cain; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 15, 2013, previously published on March 12, 2013Security and privacy are the most frequently expressed concerns about cloud computing (defined for this article to include software as a service, platform as a service and storage as a service), but for companies that engage in research, design, development, manufacturing and servicing of items...
|Apps on Smart Devices and Data Protection: February 27, 2013 Opinion of the Article 29 Working Party Provides Valuable Guidance|
Crowell Moring LLP;
April 3, 2013, previously published on March 28, 2013Apps on mobile devices collect large quantities of data from the device and process these (i) in order to provide services to the end-user, but also (ii) for other purposes that are often unknown or unwanted by the end-user. Many of the data processed, such as location data, contact data, unique...