Software Developers

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The Most Important Issue Involving Superfish Isn’t Superfish

Many of the media reports around the recent Superfish debacle completely miss the main issue. First, though, let's recap what's been alleged about Superfish and similar types of pre-installed software. The allegation...more

Bargaining with Apple: Understanding the iOS Developer Program License Agreement

This article, which focuses on the iOS Developer Program License Agreement, is the second of two articles geared at helping app developers understand the fine print of the agreements they are asked to enter into with the...more

Disruptive Changes on the Horizon for Federal COTS Software Supply

Action Item: Firms making commercial off-the-shelf ("COTS") software sold to the federal government, or reselling COTS software to the federal government, should respond to the SBA’s recent proposed rule or risk a loss of...more

How to Fail in the Internet of Things

Innovation is prized in the growing space of the Internet of Things (IoT). But an innovative product design is not enough, and potential pitfalls abound. As demonstrated in a report published by the Federal Trade Commission...more

Urgent Notice To Employers: Annual H-1B Visa Quota Will Open on April 1

For employers looking to bring non-US citizens into the United States, an important immigration deadline is around the corner. Failure to properly plan for and meet this deadline may result in the employer’s inability to...more

From Carjacking to Carhacking – Lessons for the Internet of Things

The Internet of Things (IoT) is coming and perhaps the first place we will see the proverbial rubber hit the road is with something near and dear to Americans – our cars. The ever increasing connectivity of cars is creating a...more

What are you implying?

Case law teaches contractors a valuable lesson when dealing with ownership of copyright. It is essential to deal with each party’s position, typically through a written copyright licence, to avoid pitfalls further down the...more

Lab Tuesday - How Not to Use Apple’s Identifier for Advertising (IDFA/IFA)

Recently, the mobile platforms have played an important role in improving end-user privacy. Along these lines, Apple, in or around iOS version 6.0, created a new, unique identifier that could be used in place of the UDID and...more

Blueprint Generation Software Not Eligible for Patenting

Speeding up a blueprint generation process that can be done by hand does not make computer software eligible for patenting. So reasoned the New Hampshire district court in another of a bevy of post-Alice district court...more

Arguing a Post-Alice §101 “Abstract Idea” Rejection during Patent Prosecution

Since the Federal and Supreme Court rulings in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., we have seen some issued patents invalidated on the grounds of patent-ineligible subject matter directed to an...more

Privacy Policies for Mobile Apps: One Size Does Not Fit All

Online privacy is a growing concern for us all. As a mobile app owner or developer, you must include a privacy policy in your app that details the information you collect from users and the manner in which that information is...more

Fabricating Evidence and Losing Arbitration

Seagate Tech., LLC v. W. Digital Corp - Addressing an issue of whether an arbitrator inappropriately sanctioned a party that had been found to have fabricated evidence and whether the arbitrator refused to consider...more

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

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