Software

News & Analysis as of

HHS releases new software for updating (but not replacing) HIPAA security risk assessment toolkits

Last week, the Department of Health and Human Services (HHS) released a new, free, downloadable tool to assist small and medium-size health care provider offices to conduct security risk assessments (SRA)....more

Why Printing Policies and Procedures From Your Compliance Policy Certification System is A Very Bad Idea

Talking to our clients is one of the things I like most about my position in Product Marketing at The Network. It’s important that we take our clients’ needs into account when planning future enhancements of our software...more

Patent Infringement Lawsuits Against Software End-Users

Are you a Canadian software vendor with customers in the USA? Let’s say your US end-user customer is sued for patent infringement in the US based on use of your software, but the lawsuit avoids naming your company. In other...more

Between Scylla And Charybdis: Future Of Software Patents Lies In Supreme Court Balance

The Supreme Court recently heard oral arguments in Alice Corp. v. CLS Bank, a case in which the outcome may have a dramatic effect on the future and direction of software patents. Justice Breyer compared the Supreme Court’s...more

The Benefits of Software Self-Audit

Scott & Scott, LLP attorney, Brian Von Hatten, lists some of the benefits of a self-audit....more

70 Days and Counting: Clock Is Ticking to Claim Embedded Software Tax Exemption

The amount of non-taxable embedded software being taxed in California is a staggering number. While companies own assets with millions of dollars of embedded software, few companies are maximizing their property tax savings...more

Federal Circuit Review - February 2014

Defendant Bears Burden of Proof in Declaratory Judgment Case - In Medtronic, Inc. v. Mirowski Family Venture, LLC, Appeal No. 12-1128, the Supreme Court reversed the Federal Circuit’s determination that the burden of...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

Fate of Software Patents in Hands of the Supreme Court

If 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...more

Open Source Software: Goodwill To All Or A Cancer?

Open source software sounds like a good idea. Your create some code and then put it out there for the public to use and let people build on it and improve. The only condition is that if someone improves on it and build from...more

Alice Corp. v. CLS Bank Amicus Briefs Filed, Reckoning Day Approaches

Last week, we filed two amicus briefs with the Supreme Court in Alice Corp. v. CLS Bank, one on behalf of Advanced Biological Laboratories (ABL), and one for Ronald M. Benrey (Benrey). It goes without saying that this is the...more

Are Your Software Transfers Compliant with U.S. Economic Sanctions?

The international nature of information technology has led to the globalization of software. Globalization can have unintended negative consequences on an organization, if a company’s software should find its way to a...more

Developments in Patent Law 2013; The D.C. Bar Year in Review

In this article: - Patentability, Validity, and Procurement of Patents - Interpretation and Infringement of Patents - Enforcement of Patents - Patents at the U.S. Supreme Court - Excerpt...more

Software Publishers Use Internet Posts to Aid in Infringement Claims

Software publishers and audit associations are reviewing web sites and on-line profiles in an effort to aid in copyright infringement enforcement. Representations made on web sites and professional networking profiles has at...more

Timing is Key for Software Audit Settlements

Attorney Keli Johnson Swan of Scott & Scott, LLP says the month of December is often marked by a flurry of settlement negotiations with software publishers or representative entities, such as the Business Software Alliance...more

Abstract Idea or Real World Software Solution?

On Dec. 6, the U.S. Supreme Court granted certiorari in CLS Bank Intl. v. Alice Corp. Pty. Ltd., 717 F.3d 1269 (Fed. Cir. 2013), to address the patent eligibility of computer implemented inventions. For some, the issue is...more

Hosting Providers Have Two Options For Customer-Supplied Licenses

Scott & Scott, LLP attorney, Christopher Barnett, suggests that hosting providers be aware of Microsoft's licensing rules regarding deployment on the service provider's servers. Failure to do so can result in severe...more

Contract Provisions Concerning Privacy & Security Compliance

Managing data security and privacy is becoming an increasingly larger part of a company’s risk portfolio, especially as it relates to transactions with third parties Brian Von Hatten, Scott & Scott, LLP attorney, suggests...more

Software Patents Set for Supreme Court Consideration

The Supreme Court is set to weigh in on the muddled law of software patent eligibility. On Friday, December 6, the Supreme Court granted a petition for certiorari in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al. CLS is an...more

PA Tax Law News -- December 2013: PA Issues On Appeal - Sales and Use Tax (Part 1)

In our last issue of PA Tax Law News, we provided a list of arguments raised in Pennsylvania Corporate Net Income Tax, Capital Stock Tax and Franchise Tax appeals recently filed with the Commonwealth Court. The purpose of...more

Supreme Court to Clarify Software Patent Eligibility

The Supreme Court will consider next year whether claims to computer-implemented inventions – including claims to systems and machines, processes, and items of manufacture – are eligible to be patented...more

Software License Audits – How to prepare, how to react

Software license audits are on the rise. On January 27, 2012, the world's leading information technology research and advisory company, Gartner, released a survey showing that two-thirds of all companies have been subject to...more

Software Audits: Proving Ownership of Software Licenses

Proving ownership of licenses in a software audit is an arduous task. Keli Johnson Swan, Scott & Scott, LLP attorney, lists the purchase documentation auditors look for. ...more

No Expansion of CFAA Liability for Monetary Exploit of Software Bug

In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable “Bank Error in Your Favor, Collect $200? card. By the next turn, the proceeds are usually invested in properties and houses,...more

The Problem of Patent Glossaries Part I: Ambiguity in Patent Claims and the Nature of Meaning

What motivates the USPTO to consider the use of glossaries in patent applications is surely the hue and cry that software patents are frequently, if not inherently, vague and ambiguous, and that something must be done to help...more

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