Software

News & Analysis as of

AOL, Dropbox and the Big “uh-oh”

A New York couple brought suit against their former law firm because it used an America Online account to transact firm business. If you are my age you probably remember that AOL and “You’ve got mail!” were the future—back...more

Epic Verdict in Trade Secrets Case

Last week, a federal jury in Wisconsin awarded almost $1 billion to Epic Systems Corporation in its trade secrets case against Indian consulting company Tata Consulting Services, Ltd., and its American unit, Tata America...more

Medical Software Company Wins $940 Million in Trade Secret Case

A jury recently awarded Epic Systems Corporation (“Epic”), a medical software company, $940 million in damages in a case against Tata Consultancy Services Limited (“Tata”) involving theft of Epic’s trade secrets and...more

The Internet of Things: Evaluating the Interplay of Interoperability, Industry Standards, and Related IP Licensing Approaches...

We recently published a client alert on January 26, 2016 that addressed some of the more significant Internet of Things (“IoT”) -specific standards and initiatives and emphasized the importance of interoperability as central...more

Benefits of using thin and zero client’s vs desktop PC’s

What are “thin clients” and their close cousins “zero client devices”? You probably have a desktop computer or laptop computer at work and all the software you use is installed on that computer. Although your data is...more

Federal Circuit Decides Not to Rehear ClearCorrect Operating, LLC v. ITC, Finding the ITC Does Not Have Jurisdiction over Digital...

On March 31, 2016, in a blow to the software and entertainment industries, the Federal Circuit denied the International Trade Commission’s (“ITC”) request for a rehearing en banc of the Federal Circuit’s November 10, 2015...more

Can a Digital Device Replace the Staid Legal Pad? — Microsoft Surface

Our mission: find the perfect computing device. It should: - Run nearly any software. - Provide remote connection to the office from the wilds of Alaska. - Be small, but not too small....more

The Federal Trade Commission Issues Warning Letters To App Developers

On March 17, 2016, the Federal Trade Commission (“FTC”) announced it had issued warning letters to twelve application (“app”) developers who installed in their apps software created by the company SilverPush that is capable...more

Tips for the Law Practice — Improving Word with Tabs

We recently upgraded from Microsoft Office 2010 to Office 2013. To add to the change, we went to Microsoft 365, a cloud based framework. For the most part the transition went smooth, largely because we have cooperative...more

Medical devices and cybersecurity: FDA calls for comprehensive risk management programs

The Food and Drug Administration (FDA), with the issuance of its recent 2016 Draft Guidance “Postmarket Management of Cybersecurity in Medical Devices,” continues to step up its involvement with medical devices having a...more

Don’t Forget About Your Affiliates and Customers as Technology License End Users

Your business may license many different types of software and technology in the ordinary course of operations. These licenses range from software installed on your internal network to use-rights in software-as-a-services...more

Protecting GUI Designs in Australia: More Questions than Answers

Many countries allow graphical user interface (GUI) features to be protected by registered designs. The current position in Australia is not clear. The position of the Australian Designs Office, which is responsible...more

Apple Argues It Should Not Be Compelled to Write Software for the F.B.I.

On February 16, 2016, Magistrate Judge Sheri Pym in the United States District Court for the Central District of California issued an order compelling Apple, Inc. to provide technical assistance to the F.B.I. so it can access...more

Software as a Service is a Good?

There has been a revolution in how software is delivered to customers. Traditionally software was licensed in a physical form. The customer traditionally received a copy of the computer program in a tangible form (disk or...more

Blue Calypso, LLC v. Groupon, Inc. (Fed. Cir. 2016)

On March 1, 2016, the Federal Circuit issued an opinion in a number of related appeals between Blue Calypso, LLC and Groupon, Inc. These related appeals arise from five Covered Business Method (CBM) reviews of five patents...more

Administration Seeks to Renegotiate Controversial Cybersecurity Export Control

The Obama administration will reportedly seek to renegotiate a controversial cybersecurity export control rule required to be implemented into U.S. regulations by the Commerce Department under the Wassenaar Arrangement on...more

Patentable Subject Matter after Alice: Best Practices for Responding to 35 U.S.C. § 101 Rejections

It has been over 20 months since the Supreme Court handed down the landmark decision in Alice Corp. v. CLS Bank Int’l, effectively limiting the scope of patent-eligible subject matter. In particular, software and business...more

CASL Enforcement (Part 2)

As reviewed in Part 1, since July 1, 2014, Canada’s Anti-Spam Law (or CASL) has been in effect, and the software-related provisions have been in force since January 15, 2015. In January, 2016, the Canadian Radio-television...more

Compliance Software: To Buy or Not to Buy (Part 2): Pros, cons, costs and keys to success

On the heels of our recent webinar, Compliance Technology: To Buy or Not to Buy, our last blog post laid the initial framework for companies debating whether to purchase or build compliance software. Having already covered...more

Compliance Software: To Buy or Not to Buy - Which option is best for your organization and your compliance program?

When compliance teams are planning and building out their program, more specifically the compliance software they use, they often encounter certain challenges and obstacles within their organization. Sometimes, the challenges...more

FBI Recruits Apple to Help Unlock Your iPhone

It is a well-known maxim that “bad facts make bad law.” And as anybody even casually browsing social media this week likely has seen, the incredibly tragic facts surrounding the San Bernadino attacks last December have led...more

A Fork in the Road

As Bitcoin enters its seventh year of existence, the community that surrounds it is trying to decide how to guide and grow the currency into the future. Currently, the size of a block (which is a bitcoin data file) is...more

SBA Closes the Door on Resellers of Major Commercial Software

On January 26, 2016, SBA issued its final rule regarding proposed size standard increases to numerous NAICS codes, but one thing that could impact many IT contractors is the new requirement and/or clarification from SBA that...more

The PTAB Giveth, and the PTAB Taketh Away

The PTAB cancelled claims of a financing patent as lacking patentable subject matter in Westlake Services LLC v. Credit Acceptance Corp., CBM2014-00176 (PTAB January 25, 2016, Order) (McKone, APJ). Westlake is interesting...more

Still Alice: Not all software patents are being invalidated under Alice Corp. v. CLS Bank Int’l

On June 19, 2014, the U.S. Supreme Court issued a unanimous decision in Alice Corp. v. CLS Bank Int’l (Alice). In Alice, the Court held that several patents that pertained to a computerized platform for eliminating risk in...more

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