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Sizing Up the Competition: Antitrust Enforcement and the Bazaarvoice Ruling

High-profile or highly profitable firms are no longer the sole targets of post-merger divestitures by antitrust enforcers. Today, firms that have little or no revenues, including some that operate in emergent industries with...more

Cloud Computing Is a Hot Topic… in Business and the Courtroom

Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This article surveys some of the...more

API Protection Under Copyright Is Upheld by Federal Circuit

There has been a lingering, divisive question in the software industry as to whether application programming interfaces (APIs) are entitled to copyright subject matter protection. Critics argue that this type of source code...more

Federal Circuit Copyright Decision in Oracle v. Google: A Quick Read for the Busy Practitioner

In its recent opinion in Oracle v. Google, the Federal Circuit reversed the Northern District of California and reinstated a jury’s infringement verdict against Google. The opinion is long and complex, and much ink has...more

What’s in a Structure? Google Loses Bid to Have Java Interfaces Deemed Unprotectable, as Federal Circuit Reaffirms Copyright...

The intersection of copyright and patent law is of great interest to anyone who seeks to develop or use creative works that are also functional, in particular developers of software, which by its very nature is functional. In...more

"Federal Circuit Overturns Oracle v. Google and Potentially Widens Debate Over Copyright Protections"

In a landmark decision concerning the copyrightability of computer software, on May 9, 2014, the U.S. Federal Circuit Court of Appeals held that Oracle, Inc. is entitled to copyright protection for 37 Java application...more

PRPS ate my Petition

Oracle Corporation v. MAZ Encryption Technologies LLC, IPR 2014-000472 (May 1, 2014), the Board granted petitioner’s request for a March 1 filing date because a PRPS system outage prevented petitioner from completing the...more

Oracle v. Rimini Ruling Shows Importance of Clarifying Consultants’ Rights in IT Agreements

Oracle USA, Inc. (“Oracle”) brought suit against Rimini Street, Inc. (“Rimini”), a software support-services provider. Rimini offers licensees of Oracle products a secondary source for support of Oracle applications. In the...more

Activist Investing Gains Momentum: The Top Ten For 2013

Some have called this the ‘golden age of activist investing.' Others have described the current climate in a less flattering light, as ‘Investor Activism Gone Wild.’ Pitched battles have played out on a very public stage as...more

Stretching The FCPA: The Danger Of The Oracle Case

My good friend and mentor, Judge Sporkin, is not shy nor bashful about his views on the FCPA. When he heard about DOJ’s undercover sting in the Shot Show case, he scoffed, “What a mistake! ...more

Will Google Break the GPL?

The subject of open source licensing has created a level of uncertainty amongst companies, especially with General Public License (GPL) or GPL derivatives when it comes to intellectual property restrictions on coded data. The...more

API Copyright Update: Oracle & Google …and Harry Potter

In the long-running litigation (and hey, is there any litigation that isn’t “long-running”?) between Oracle and Google, a US court decided in 2012 that APIs in this case were not eligible for copyright protection. This meant...more

Distributors Should Be Analyzed As Any Other Third Party Representative in the Sales Chain

Ed. Note-David Simon is a partner at Foley and Lardner and Bill Athanas is a partner at Waller Lansden Dortch & Davis, LLP. Both have practices which include FCPA compliance. After my recent post on distributors under the...more

Distributors under the FCPA

If there was ever a question that distributors were covered under the Foreign Corrupt Practices Act (FCPA), in 2012, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) made it emphatically clear that...more

Navigating The Rocky Shoals Of Software Copyrights

Originally published in Chapter 17 of the State Bar of Texas - Advanced Intellectual Property Law. Contents: I. Introduction II. In Which Our Hero is Dashed on the Rocky Shoals of Software Coypright A....more

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