Software

News & Analysis as of

What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur? [Video]

The Supreme Court’s ruling against broadly claimed software patents in Alice Corp. v. CLS Bank leaves many questions on patent eligibility unanswered, which means the controversy and confusion over the scope of patent...more

Meal planning claims bite the dust under the Mayo/Alice framework

Judge Engelmayer found claims of DietGoal’s U.S. Patent No. 6,858,516 (“Method and system for computerized visual behavior analysis, training, and planning”) invalid under § 101, and so he granted Bravo’s motion for summary...more

Sixth Circuit Affirms the Importance of Identifying Protected Elements of Copyrighted Software

Automated Solutions Corporation v. Paragon Data Systems, Inc. - The U.S. Court of Appeals for the Sixth Circuit confirmed that a party claiming infringement of copyrighted computer software must identify those...more

Why Ximpleware May establish New Rules in the Open Source World

Ever since the GPLv2 was released in 1991, lawyers and software professionals have analyzed its terms, blogged about them and argued about them. Interpretations of GPLv2 have evolved over the years and there is a consistent...more

New York State Department of Taxation and Finance Releases Guidance on the Taxability of Computer Software

The New York State Department of Taxation and Finance (Department) has just released Tax Bulletin TB-ST-128 (Tax Bulletin), addressing how the state’s sales tax applies to sales of computer software and related services. The...more

Idaho Drafting Cloud Computing Regulation in the Wake of H.B. 598

The Idaho Sales Tax Rules Committee is currently revising Rule 027, Computer Equipment, Software, and Data Services, in response to the passage of H.B. 598. The Committee met for the last time on July 24 to discuss the draft...more

Successfully Negotiating Software License Agreements

Constantly looking for ways to increase productivity and efficiency, the energy industry is increasingly looking to innovative software solutions from technology vendors. This article offers suggestions for a company to...more

BSA/SIIA Audits and Software Publisher-Initiated Audits Differ in Important Ways

Christopher Barnett, Scott & Scott, LLP attorney, shares three important differences between BSA | The Software Alliance and the Software & Information Industry Association (SIIA) audits and ones initiated by software...more

Technology Design Concepts Can Be Trade Secrets

Conventional wisdom holds that software algorithms and source code can be protected as trade secrets, but broader technology “design concepts” can only be safeguarded by registering for patent protection. But that...more

Understanding Key Terms for 3PLs in Information Technology Agreements

TECHNOLOGY increasingly forms an essential component of every sophisticated warehousing and logistics operation. The prudent development and use of such technology (including, but not limited to, warehouse management...more

Energy Newsletter - August 2014

In This Issue: - Fifth Circuit Reins In Trend of Expanding ESA Liability for Remote Harm - Japan's Pivotal Role in the Global LNG Industry's 50-Year History - Government of Greece to Launch New Licensing...more

Public Comments to USPTO’s Preliminary Examination Instructions in View of Supreme Court Decision in Alice Case

As reported here last month, the USPTO recently issued a memorandum to the Examination Corps, entitled “Preliminary Examination Instructions in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank...more

Settlement Highlights Need for Compliance with U.S. Export Control Rules When Sponsoring Foreign Workers

The U.S. Department of Commerce’s Bureau of Industry and Security recently reached a $115,000 civil settlement agreement with a California-based global technology company on the basis that it violated several export control...more

Continued Delays for Visa Issuance Around the World

As we reported on Monday, due to a massive software failure of the Department of State’s Consular Consolidated Database (CCD), there continue to be delays in the issuance of visas at consular posts around the globe. Passports...more

Week in Review

Businesses that support the sharing economy continue to grow, as evidenced by this week's news headlines. Airbnb announced it is partnering with Concur, a commonly used expense account management software. This partnership,...more

FCA guidance for firms thinking of using third-party technology (off-the-shelf) banking solutions

The Financial Conduct Authority has published a document setting out a list of points for financial services firms to consider when preparing for and evaluating third-party technology banking solutions. Where a...more

What’s an MDDS? And Why Should I Care?

Last month the Food & Drug Administration (FDA) announced still further relaxation of its oversight over anything qualifying as a “medical device data system,” or MDDS. The announcement should come as welcome news to a great...more

The Horror – Bar Exam Software Server Problems Nationwide

As if the nation’s bar examinees didn’t have enough to worry about — last night, the company administering the process for any test-taker using his or her laptop to take yesterday’s essay portion of the exam experienced what...more

The Vermont Department of Taxes Begins to Take a Close Look at Cloud Computing

On June 30, 2013, the Vermont sales tax moratorium on remote access to software expired. At that time, the Vermont Department of Taxes (Department) reverted to its prior position that interpreted, without any analysis, the...more

New – Agile Software Development Contract Template

The DLA Piper IPT team in Edinburgh has developed an innovative new contract template which they are piloting with selected clients. The template is an agile software development contract. Agile methodologies (such as...more

What to Know After the Latest Patent Ruling by the U.S. Supreme Court

In June, the U.S. Supreme Court unanimously affirmed its earlier ruling on patent claims involving computers and software. In light of that decision, companies and inventors that have business methods patents, software...more

Of Soccer Balls and Social Media

What do lawyers and Pakistani factory workers have in common? More than you think. Especially when it comes to innovation....more

Kickstarting an Old Patent System for the New Software Era

Software patents have been having a rough time of it lately. It seems everyone has something bad to say about them, from the courts to the press, and even some software engineers. Originally Published in The Recorder...more

False Advertising, Section 75-1.1, and A Seven-Figure Verdict

In a recent federal case, section 75-1.1 made the difference between the plaintiff recovering nothing and recovering almost two million dollars. This outcome underscores two key features of section 75-1.1...more

The USPTO’s Response to Alice Corp. v. CLS Bank

Six days after the Supreme Court handed down its opinion in Alice Corp. v. CLS Bank, which invalidated certain patents disclosing “a computer-implemented scheme for mitigating ‘settlement risk,’” the USPTO issued its own...more

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