News & Analysis as of

Software Developers

Open Source Software….A Quick FAQ

Some complicated topics are easy and some easy topics are complicated. This one is actually both. So let’s just start with some of the fundamentals: What is the difference between “closed” source and “open”...more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

The 21st Century Cures Act: FDA Reforms Aim to Spur Innovation in the Pharmaceutical, Medical Device and Health Research Sectors

On December 13, 2016, President Obama signed into law the 21st Century Cures Act (Act), one of the most important pieces of health care and life sciences legislation in several decades. The Act is intended to spur the rapid...more

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

by McCarter & English, LLP on

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

When should a law firm develop its own software?

by Timothy Corcoran on

Never. Law firms should never develop their own software. Okay, fine, perhaps some explanation is in order. While the above conclusion may seem obvious to me and to many others, whenever I make this assertion on...more

Alert: FCC Considers Extending Waiver of Accessibility Requirements for Video Game Software

by Cooley LLP on

Under the Twenty-First Century Communications and Video Accessibility Act of 2010 ("CVAA"), video game consoles and controllers, software and related services must be accessible to and usable by individuals with disabilities....more

Amdocs v. Openet: Federal Circuit Will Take Case-by-Case, Common-Law Approach to “Abstract Idea” Determinations Under Alice

by Fish & Richardson on

The Federal Circuit in a 2-1 decision upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an “abstract idea.” The decision, Amdocs (Israel) Ltd. v. Openet Telecom Inc. et...more

DOT Issues Proposed Cybersecurity Guidance for Auto Industry

On Monday, October 24, 2016, the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) issued proposed cybersecurity guidance to the auto industry, including auto manufacturers and designers...more

A Silver Lining for Software Patents

by Hodgson Russ LLP on

Software patents play an important role in commercializing innovation in our increasingly digital world. The software inventions that scientists, developers, and engineers create are valuable and deserve protection. But since...more

Vermont Settles with B2B Software Developer over Security Practices

by Kelley Drye & Warren LLP on

Yesterday, the Vermont Attorney General announced a settlement with business-to-business software developer Entrinsik, Inc., resolving allegations that the company’s Informer program violated Vermont law, including the law...more

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend patents, copyright, and trade secrets provides software developers and...more

Federal Circuit is In Sync with Patent’s Validity Under Section 101

The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being an abstract...more

McRo: Preemption Matters After All

by Fenwick & West LLP on

The Federal Circuit has released its long-awaited opinion in McRo v. Bandai, reversing the lower court’s decision that the claims were ineligible subject matter. McRo’s invention in U.S. 6,307,576 was a method used in 3D...more

The Suspicious Husband, His Wife, and Cloud Computing: The Sixth Circuit Applies the Wiretap Statute To Monitoring Software

by Poyner Spruill LLP on

Hollywood has traditionally shown suspicious spouses relying on the same Victorian sleuthing techniques as Sherlock Holmes: a search for an errant strand of exotic hair, the stray lipstick mark or the lingering whiff of a...more

ONC Releases Enhanced Regulatory Requirements to Improve Transparency for Health Information Technology Products

by Foley & Lardner LLP on

The Office of the National Coordinator for Health Information Technology (“ONC”) has operationalized regulatory requirements to improve transparency in health information technology (“health IT”). The regulations, which were...more

German Case Fails to Address Key Issue Regarding Software ‘Copyleft’

by McGuireWoods LLP on

Caution remains the watchword for incorporation of “copyleft” software into proprietary software projects, as a German court has declined to provide insight into the reach of the influential free software license, the General...more

In Case You Missed It: Launch Links - August, 2016 #2

by WilmerHale on

Some interesting links we found across the web this week: When a Tech Patent is Neither - Founders should always be thinking about how best to protect their intellectual property, because a startup’s ideas are...more

How Trade Dress Can Help Game Developers Level Up

by Fenwick & West LLP on

As game developers continue to face both the threat of having their games cloned and accusations that they too are cloning games, it is increasingly important for developers to understand the safeguards that intellectual...more

Judge Cote Finds Initiating Lawsuits to Obtain Settlements Rather Than a Determination on the Merits is Not an Abuse of Process

On July 28, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants AlphaCap Ventures, LLC’s, a non-practicing entity, and Richard Juarez’s (collectively, “AlphaCap”) motion to dismiss plaintiff Gust, Inc.’s (“Gust”)...more

FDA Issues Final Guidance on General Wellness Products

by Ropes & Gray LLP on

On July 28, 2016, the United States Food and Drug Administration (FDA) finalized guidance stating that the agency does not plan to regulate “general wellness products,” including software applications, provided they present a...more

New Legal Startups Are Changing the Practice of Law

by Zapproved Inc. on

Corporate Counsel recently reported on the dramatic growth of legal startups over the last two years — increasing from 412 to 1,104 today. This showed the increase in innovation targeting legal technology. While it’s valuable...more

The Defend Trade Secrets Act: Significant Recent Changes to Intellectual Property Law May Provide New Avenues for Protecting...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), marking one of largest changes to intellectual property law since the America Invents Act of 2011. This legislation will allow companies...more

Your daily dose of financial news - The Brief – 6.23.16

by Robins Kaplan LLP on

It was House day for Chair Yellen on the Hill, and if you guessed that in this election year her final appearance before this Congress was more about her questioners scoring political points than it was anything related to...more

LinkedIn + Microsoft: A win for the social media eco-system

by Adrian Dayton on

By now, it’s old news that Microsoft purchased LinkedIn for $26.2 billion dollars in cash. Tech sites, Time, and even the Moody ratings agency have been fairly critical of Microsoft massively overspending on this acquisition....more

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Cybersecurity

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