Software Developers

News & Analysis as of

Blog: Can You Patent Your Software?

Emerging companies often ask: “Is my idea patentable?” Many of these ideas relate to software. The patent eligibility of software is again a hot topic in the United States and around the world. Recent developments in US...more

Legal Considerations for Web Based Start-Ups

Mobile Internet usage is predicted to grow faster in the next few years, making online or web based businesses great opportunities. A leading forecaster found that global mobile internet usage leapt from 14 percent to 25...more

CAFC Finds Patent Claiming Software-Related Invention is Patentable

For the first time since the Supreme Court’s Alice Corp. v. CLS Bank Int’l decision this past summer, the United States Court of Appeals for the Federal Circuit has found that a patent claiming a software-related invention...more

Viability of certain Internet and software patents reconfirmed in DDR Holdings, LLC v. Hotels.com

DDR Holdings, LLC v. Hotels.com, L.P., Appeal No. 2013-1505 (Fed. Cir. Dec. 5, 2014) For those following the law of patent eligibility in the United States, a December 5, 2014 precedential decision by the Court of...more

Versata Software, Inc. v. Callidus Software, Inc. (Fed. Cir. 2014)

The Federal Circuit made it clear earlier today that district courts should freely grant stays in view of Covered Business Method ("CBM") patent reviews instituted by the Patent Trial and Appeal Board ("PTAB"). In Versata...more

Federal Circuit Weighs in on Stay in View of Covered Business Method Review

The first few decisions from the Federal Circuit are starting to trickle in and are sure to bring more upheaval to Patent Office post-grant procedures. In Versata Software, Inc., et al. v. Callidus Software, Inc., the Court...more

IP|Trend: New Era in Protection of Software by Intellectual Property Law? [Video]

It’s been a rough couple of years for software developers seeking patent protection for their software. Decisions by the Supreme Court have limited the amount of patent protection that developers can obtain. Attorneys Seth...more

Is Your Software Invention Eligible for Patent Protection?

Under the patent laws, “Whoever invents or discovers any new or useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor…” While the statement of...more

5 Compliance “Hot Spots” for Technology Companies Under Export Controls and Sanctions Laws

Increasingly interconnected global businesses need to focus on how export controls and trade sanctions can affect their cross-border activities in unexpected ways. For decades, the US Government has used trade...more

Joint Ownership of Intellectual Property: Complexity That Only a Lawyer Could Love

Companies are increasingly working cooperatively to develop technology, particularly software programs. One critical issue is the ownership of the resulting intellectual property in the software programs. This decision is...more

Protecting Big Data Systems in a Post-Alice World

Owners of software patents took a blow last June with the U.S. Supreme Court’s decision in Alice Corp v. CLS Bank International. The Alice Court held that, to be eligible for patent protection, computer-driven innovations...more

Status Updates - September 2014 #6

..Is Tumblr trendier? A survey released by Tumblr says the users of that social media platform have higher average incomes than users of Facebook, Twitter, or Pinterest, and a report from Adobe says that this translates into...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

Trade Secrets: Made for TV--Former director owes royalty for stealing source code

Acrimony, anger, revenge, piracy, and a legal battle—these are often the ingredients of a prime-time television drama. But in this case, they are not the makings of a plot found on cable, Netflix, or DVD. Instead, they are...more

Software Audits: Strategies for Licensees

Audits Have Become More Common - If you have received a software audit request from your software vendor or one of the industry trade groups representing software publishers, such as the Software & Information Industry...more

April 2014: ITC Litigation Update

Inducement in the ITC Following Suprema? A split Federal Circuit panel held in Suprema, Inc. v. ITC (Dec. 13, 2013) that an exclusion order issued by the International Trade Commission (“ITC”) under Section 337 “may not be...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

Copyright Co-Authorship: Be Prepared to Weather the Storms

The recent Third Circuit decision in Brownstein v. Lindsay, --- F.3d ----, 2014 WL 306240 (3rd Cir. Jan. 29, 2014) clarified important issues related to the statute of limitations for co-ownership claims, as well as to a...more

Jury’s Verdict in Madden Football Copyright Case Overturned

We previously reported on Robin Antonick’s copyright claim against Electronic Arts, Inc. (“EA”) over the software for the Apple II John Madden Football game. Antonick didn’t have a copy of his original source code at the time...more

Obamacare HealthCare.gov Issues Serve as a Reminder to Embrace Best Practices in Software Development and Integration Projects

October 1st marked the beginning of open enrollment for the federal and state health care exchanges ("Exchanges") created to comply with the Affordable Care Act ("ACA") of 2010, commonly referred to as Obamacare. The creation...more

Software Development and the Use of Abstractions

The process of developing software typically involves the use of abstractions of concrete concepts to describe the operations performed by a computer and objects of such operations. Some software abstractions are so familiar...more

Massachusetts Lawmakers Plan to Repeal the New “Tech Tax” on Computer System Design and Software Modification Services

On September 12, 2013, Massachusetts legislators announced their intention to repeal (with retroactive effect) the recent expansion of the 6.25 percent Massachusetts sales and use tax to certain types of previously untaxed...more

IP Ownership in Joint Development by Richard Hsu [Video]

Richard C. Hsu, a technology transactions and intellectual property partner in the Mergers & Acquisitions Group with Shearman & Sterling, talks about IP ownership in a typical joint development agreement. ...more

2 Recent Business Software Alliance $100K Settlements Are Tip of the Iceberg

In this press release, Scott & Scott, LLP, a law firm with a software audit defense practice, says companies should not be lulled into complacency because the BSA | The Software Alliance has reported few settlements in the...more

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